Search for cases
CISG-online number
5633
Case name
Minh Dung Aluminum Company, Ltd v. Aluminum Alloys MFG LLC
Jurisdiction
USA
Court
U.S. District Court for the Middle District of Pennsylvania
Judge
Yvette Kane (District Judge)
Date of decision
02 August 2021
Case nr./docket nr.
1:20-cv-01764
Claimant 1
Respondent 1
Seller 1
Buyer 1
Category of goods
68: Non-ferrous metals
Goods as per contract
Aluminum ingots
Price
118'978.20 USD (U.S. Dollar)
CISG applicable
yes, Art. 1(1)(a)
CISG applied
yes
Key CISG provisions interpreted and applied
Art. 74
Key CISG provisions applied
Art. 45
This decision cites the following other CISG-online cases 4
This decision is cited by 1
Decision published in 1
CLOUT number
1962
Comment on this decision 1
Full text and abstract of decision 2
by Ulrich G. Schroeter
The present decision shows a convincing application of the rules of Art. 74 CISG about the amount of damages recoverable under the CISG. A Vietnamese buyer (Minh Dung Aluminum Company; the Claimant) had purchased aluminum alloys from a U.S. seller (Aluminum Alloys MFG; the Respondent), making a downpayment for a part of the price. When the delivery arrived in Vietnam, the containers turned out not to be filled with aluminum alloys, but with hazardous waste. The buyer sued for damages.
In the present decision, the District Court ruled that the following losses were recoverable as damages under Art. 74 CISG, because they were both caused by the seller‘s breach of contract and foreseeable to him: (1) the downpayment the buyer had made; (2) the storage costs the buyer had been forced to pay to store the hazardous waste at Haiphong Port (Vietnam); (3) lost profits suffered by the buyer.
By contrast, the District Court ruled that (4) costs and fees for filing the claim, for „legal research“ and of serving process on the Respondent could not be recovered under Art. 74 CISG, citing the Zapata decision (CISG-online 684) about the non-recoverability of attorneys‘ fees in support.