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CISG-online number
7334
Case name
Anhui Joyful Manufacturing & Trading Co., Ltd. et al. v. M.I.S.S. Sportswear Inc. et al.
Jurisdiction
USA
Court
U.S. District Court for the Southern District of New York
Judge
P. Kevin Castel (District Judge)
Date of decision
21 March 2025
Case nr./docket nr.
23-cv-8070 (PKC)
Claimants 2
Respondents 2
Sellers 2
Buyer 1
Category of goods
84: Articles of apparel and clothing accessories
Goods as per contract
Various garments (rayon or spandex dresses, polyester tops and T-shirts, rayon or spandex tops)
CISG applicable
no, Art. 6 (implicit exclusion by parties’ pleadings during court proceedings)
(Domestic) law applied in addition
New York law
Relevant CISG provisions not cited
Art. 6
Non-provision-specific issues addressed
Preemption of parol evidence rule; Procedural law limitations to reliance on the CISG
This decision cites the following other CISG-online cases 6
Decision published in 1
Full text of decision 1
by Ulrich G. Schroeter
In the present decision, the U.S. District Court for the Southern District of New York found that the Chinese sellers (Claimants) and the U.S. buyers (Respondents) had implicitly waived the CISG's application by initially relying exclusively on New York law (including its parol evidence rule) in their arguments and not invoking the CISG before the summary judgment stage (paras. 21–27 of the present decision).