MEMORANDUM FOR CLAIMANT

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UNIVERSIDAD NACIONAL DE ASUNCIÓN • MEMORANDUM FOR CLAIMANT Mustang v. Plug-in Storage AWARDS Mustang Enterprises, Inc. v. Plug-In Storage Systems, Inc., 874 F. Supp. 881, United States District Court for the Northern District of Illinois (1995) NAI No. 2319 NAI Final award on Case No. 2319, 15 October 2002 77 ICC No. 5713 ICC Final award on Case No. 5713 127 ICC No. 7585 ICC Final Award on Case No. 7585 159 ICC No. 11961 ICC Final Award on Case No. 11961 169 PTA Powder Case CIETAC Final award, 18 April 2008 137 36 XI
UNIVERSIDAD NACIONAL DE ASUNCIÓN • MEMORANDUM FOR CLAIMANT STATEMENT OF FACTS Mediterraneo Trawler Supply SA, hereafter CLAIMANT, is a Mediterranean corporation that trades in seafood and that furnishes the fishing fleet in its domestic market with various kinds of supplies. Equatoriana Fishing Ltd, hereafter RESPONDENT, is an Equatorianan firm that owns a fishing fleet in the Pacific Ocean and that deals in fish products for both human consumption and bait. On 14 April 2008, CLAIMANT emailed RESPONDENT expressing an interest in acquiring squid for resale as bait to long-liners based in Mediterraneo and invited it to make offers of appropriate products. On 18 April 2008, Mr Weeg, an authorised sales representative for RESPONDENT, indicated to CLAIMANT that he could visit CLAIMANT‘s premises and produce a sample of the Danubian squid they had supplied to another customer of theirs in Mediterraneo. On or around 17 May 2008, Mr Weeg presented CLAIMANT with the sample stating that it was representative of the squid on offer. The sample consisted of one frozen carton labelled ‗Illex Danubecus 2007‘ weighing 10 kg. After Mr Weeg‘s departure, CLAIMANT inspected the sample: the carton was thawed and the individual squid were weighed. Almost all pieces fell within the range of 100-150 g. CLAIMANT showed the sample to its customers who all found the squid to be suitable to their needs. On 29 May 2008, RESPONDENT received a purchase order from CLAIMANT for 200 tonnes of illex danubecus ‗[a]s per sample inspected‘ and ‗[c]ertified fit for human consumption‘. In the accompanying email, CLAIMANT underscored that it was pleased that virtually all squid in the sample weighed between 100 and 150 g and pointed out that this is the weight range that gives its customers the best results. On the same date, RESPONDENT confirmed the order. RESPONDENT‘s Sale Confirmation included an arbitration agreement and provided that the squid would be from the 2007 and 2008 catches. Later in the day, CLAIMANT acknowledged receipt of the sale confirmation. The order was delivered on 1 July 2008 in twelve containers that arrived at CLAIMANT‘s headquarters in several instalments during the day. CLAIMANT inspected a random selection of 20 cartons from the two containers that arrived first. All cartons weighed the required 10 kg and five were defrosted for visual inspection. CLAIMANT found that the squid were of the expected quality and weight. On 29 July 2008, RESPONDENT was informed that two of the vessels that had acquired the Danubian squid reported that it was hardly usable as bait. Shortly afterwards, RESPONDENT instructed CLAIMANT to have the squid inspected by a testing agency. 1
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MEMORANDUM FOR CLAIMANT

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