MEMORANDUM FOR CLAIMANT

UNIVERSIDAD NACIONAL DE ASUNCIÓN • MEMORANDUM FOR CLAIMANT
On 16 August 2008, CLAIMANT notified RESPONDENT that the squid were not in
conformity with the contract. The enclosed report by TGT Laboratories showed that a great
proportion of the squid did not fall within the 100-150 g bracket. CLAIMANT declared the
contract avoided and urged RESPONDENT to instruct it what to do with the goods. On 18
August 2008, RESPONDENT denied all responsibility alleging that nothing in the negotiations
provided that the squid would be exclusively used as bait and that the squid conformed with the
contract.
All of the five vessels CLAIMANT had sold RESPONDENT‘s Danubian squid to
returned practically their entire purchases and had to be reimbursed. CLAIMANT made multiple
attempts to sell the squid for RESPONDENT‘s account both in Mediterraneo and abroad to no
avail. After several and persistent appeals to reason asking RESPONDENT to take responsibility
for its contractual breach, CLAIMANT was forced to dispose of the squid as they were reaching
a point where one could no longer be assured that they had not gone off.
On 20 May 2010, CLAIMANT lodged a request for arbitration with the Chamber of
Arbitration of Milan (hereafter CAM) pursuant to the arbitration agreement contained in the sale
confirmation and appointed Ms. Arbitrator 1 to the arbitral tribunal.
On 24 May 2010, Commercial Fishing Today, a specialised periodical, published an interview
in which CLAIMANT‘s CEO discussed the arbitration proceedings his firm had commenced
against RESPONDENT.
On 27 May 2010, RESPONDENT received CLAIMANT‘s request for arbitration and
filed its statement of defence on 24 June 2010 appointing Prof. Arbitrator 2 to the tribunal.
On 15 July 2010 the CAM and the parties were notified of the co-arbitrators‘
determination to appoint Mr. Malcolm Y to the chair of the arbitral tribunal, in accordance with
the procedure agreed on in the arbitration agreement.
On 19 July 2010, Mr. Malcolm Y accepted his appointment and submitted his statement
of independence. Over 26-27 July 2010, both parties explicitly waived their right to object to Mr.
Malcolm Y‘s appointment. On 2 August 2010, the CAM Secretariat disclosed that the Arbitral
Council of the CAM rejected Mr. Y‘s appointment. The co-arbitrators were invited to appoint a
substitute chairperson.
On 13 August 2010, the CAM Secretariat is informed of the co-arbitrators‘ decision to
reaffirm Mr. Y‘s appointment as president. On 23 August 2010, the Arbitral Council of the CAM
rejects Mr. Y‘s second appointment and appoints Mr. Horace Z to the tribunal. This news was
broken to the parties and co-arbitrators on 26 August 2010.
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