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CISG-online number
6216
Case name
Hiperbaric, S.A. v. OCVA Holdings, LLC
Jurisdiction
USA
Court
U.S. District Court for the Eastern District of Virginia
Chamber
Richmond Division
Judge
John A. Gibney, Jr. (District Judge)
Date of decision
02 November 2022
Case nr./docket nr.
3:22cv464
Claimant 1
Name
Hiperbaric, S.A.
Place of business
Spain
Role in transaction
Seller
Respondent 1
Name
OCVA Holdings, LLC
Place of business
USA
Role in transaction
Buyer
Case History
Hiperbaric, S.A. v. OCVA Holdings, LLC
ICC International Court of Arbitration
Arbitration, 23 February 2022 – 25926/PDP (Final award), CISG-online 6118
Present decision declaring arbitral award enforceable
Seller 1
Name
Hiperbaric, S.A.
Place of business
Spain
Role in trade
Manufacturer of the goods sold
Buyer 1
Name
OCVA Holdings, LLC
Place of business
USA
Role in trade
End-user of the goods
Category of goods
72: Machinery specialized for particular industries
Goods as per contract
High pressure processing equipment for the processing of oysters (“no shuck oysters”); related accessory equipment
Price
551'000.00 USD (U.S. Dollar)
CISG applicable
yes, due to parties' express choice of the CISG in their contract
CISG applied
no, because in confirming the arbitral award, the Court does not address the merits of the underlying dispute
(Domestic) law applied in addition
1958 New York Convention
Full text of decision 1
Full text of decision
Original language: English