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CISG-online number
6541
Case name
United Product Tankers Ltd et al. v. Golden Arrow Olieproducten Amsterdam B.V.
Jurisdiction
Netherlands
Court
Rechtbank Rotterdam (District Court Rotterdam)
Judge
P.A.M. van Schouwenburg-Laan (Sole judge)
Date of decision
17 May 2023
Case nr./docket nr.
C/10/617127 / HA ZA 21-368
Claimants 4
Respondent 1
Seller 1
Buyer 1
Category of goods
33: Petroleum, petroleum products and related materials
Goods as per contract
1,000 metric tons of bunkers (fuel oil) for the maritime vessel M.S. "Cape Tees“
Price
420'000.00 USD (U.S. Dollar)
CISG applicable
no, Art. 6 (exclusion by the parties in their sales contract)
(Domestic) law applied in addition
Dutch law
Key CISG provisions interpreted and applied
Art. 6
Key CISG provisions applied
Art. 8(3); Art. 9(1)
CISG provisions also cited
Art. 1(1)(b); Art. 8(1); Art. 14; Art. 18; Art. 23
Non-provision-specific issues addressed
Agency; Incorporation of standard terms into CISG contracts; Uncertainty about party to the sales contract
This decision cites the following other CISG-online case 1
This decision cites the following CISG-AC Opinion 1
This decision is cited by 1
European Case Law Identifier (ECLI)
ECLI:NL:RBROT:2023:9592
Full text of decision 1
by Ulrich G. Schroeter
In the present decision, the District Court Rotterdam ruled that the CISG did not apply to a contract for the sale of bunkers, because the NOVE Conditions (General Conditions of the Dutch Association of Independent Bunker Suppliers) which exclude the CISG‘s application (Art. 6 CISG) had become part of the contract due to a practice between the parties (Art. 9(1) CISG).