MEMORANDUM FOR RESPONDENT - CISG Database

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oards. Instead, the Claimant was the proper party to make a complaint to the Equatoriana Commission because it was doing business in Equatoriana and had a contract with Equalec whose policy the Equatoriana Commission had competence to review [Procedural Order No. 2, Clarification 29]. Therefore, since the Respondent could not reasonably have foreseen or overcome the impediment posed by Equalec’s policy and refusal to make the connection, the Respondent must be exempted from liability under Article 79 of the <strong>CISG</strong>. 33
IV. REQUEST <strong>FOR</strong> RELIEF 91. For the above reasons and in accordance with Procedural Order No. 1, the Respondent respectfully requests that this Tribunal find in favour of the Respondent the following: 1. This Tribunal has no jurisdiction under the arbitration agreement to decide the merits of the parties’ dispute; 2. The Respondent had delivered distribution fuse boards that were in conformity with the Fuse Board Contract; 3. The Fuse Board Contract was validly amended to provide that JS fuses should be used in the fuse boards; 4. The failure of the Claimant to complain to the Equatoriana Commission of Equalec’s refusal to connect the electrical supply excuses any failure of the Respondent’s to deliver conforming goods. 92. Consequently, the Respondent respectfully requests that this Tribunal order: Signed 1. The dismissal of the Claimant’s claim as unfounded; 2. The Claimant to pay all costs of arbitration, including the costs of legal representation incurred by the Respondent. Counsel for the Respondent Lionel Leo Michael Tang Tan Liang Ying Elizabeth Wu 25 th January 2007 34
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Page 43 and 44: formal conformity after Equalec ref
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MEMORANDUM FOR RESPONDENT - CISG Database

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