memorandum for respondent - CISG Database
memorandum for respondent - CISG Database
memorandum for respondent - CISG Database
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III. Conclusion<br />
- 30 - CONTROLS<br />
In view of the above submissions, CONTROLS respectfully asks this Tribunal<br />
• to declare that CONTROLS may refer to Arts. 79 (1) and (2)(a) <strong>CISG</strong> <strong>for</strong> exemption from paying<br />
damages as a result of the delayed installation<br />
• to declare that Claimant was not authorized to avoid the contract on 9 October 1996 pursuant to<br />
Art. 49 (1)(b) <strong>CISG</strong><br />
• to declare that Claimant was not authorized to sell the control system pursuant to Art. 88 <strong>CISG</strong><br />
• if the Tribunal should find that CONTROLS qualifies under Art. 79 (1) and (2)(a) <strong>CISG</strong> <strong>for</strong> exemption<br />
from paying damages as a result of the delayed installation of the control system, to declare that<br />
RELIABLE shall be joined to this arbitration as it was requested by CONTROLS.<br />
Additionally, CONTROLS respectfully asks this Tribunal<br />
• to burden the costs of arbitration on Claimant pursuant to Art. 33 AAA-Rules.<br />
For Essential Controls, S.A.<br />
__________________ ____________________ ___________________, February 11 th , 1999<br />
(Andreas Doose) (Daniela Gentzsch) (Cornelia Groth)<br />
Attorneys
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