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CISG-online number
7020
Case name
Park Plus Inc. v. Sotefin SA
Arbitral Tribunal
Swiss Arbitration Centre
Seat of the arbitration
Lugano
Arbitrator
Gabriele Ruscalla (Sole arbitrator)
Date of decision
21 September 2023
Case nr./docket nr.
500146-2022 (Final Award)
Claimant 1
Name
Park Plus Inc.
Place of business
USA
Role in transaction
Buyer
Respondent 1
Name
Sotefin SA
Place of business
Switzerland
Role in transaction
Seller
Seller 1
Name
Sotefin SA
Place of business
Switzerland
Buyer 1
Name
Park Plus Inc.
Place of business
USA
Category of goods
77: Electrical machinery, apparatus and appliances, not elsewhere specified, and electrical parts thereof (including non- electrical counterparts, not elsewhere specified, of electrical household-type equipment)
Goods as per contract
Electromechanical equipment (trolleys, lifts, turntables and other pieces of equipment) for an automatic parking system with a capacity for 400 cars in Towson, Maryland (U.S.A.)
Price
2'000'400.00 EUR (Euro)
CISG applicable
yes, due to parties' choice of the law of a CISG Contracting State in their contract
(Domestic) law applied in addition
Swiss law
Key CISG provisions interpreted and applied
Art. 3(2); Art. 39(1); Art. 39(2)
Key CISG provisions interpreted
Art. 40; Art. 44
CISG provisions also cited
Art. 1(1)(a); Art. 3(1); Art. 7(1); Art. 38
Relevant CISG provisions not cited
Art. 6
Non-provision-specific issues addressed
Burden of proof; Limitation (prescription) period for claim arising under CISG contract
This decision cites the following CISG-AC Opinion 1
CISG-AC Opinion No. 4 ‘Contracts for the Sale of Goods to be Manufactured or Produced and Mixed Contracts (Article 3 CISG)’ (Rapporteur: Pilar Perales Viscasillas), adopted by the CISG Advisory Council at its 7th meeting in Madrid (Spain) on 24 October 2004
Full text and translation of decision 2
Full text of decision
Original language: Italian
Translation of decision
Language: English