memorandum for respondent - CISG Database

- V - CONTROLS
B. Claimant Had No Right to Sell the Control System According to Art. 88 (1) CISG ............. 23
1. There Was no Unreasonable Delay By Controls in Taking the Control System Back and
in Paying the Costs of Preservation ............................................................................................. 23
2. Claimant Gave No Reasonable Notice to CONTROLS .............................................................. 24
Issue IV: If this Tribunal Decides that CONTROLS Qualifies under Art. 79 (1) and (2)(a) CISG
for Exemption from Paying Damages as a Result of the Delayed Installation of the Control
System, RELIABLE Shall Be Joined to this Arbitration as it Was Requested by CONTROLS................ 25
A. CONTROLS, Claimant and RELIABLE Consent to the Joinder of RELIABLE to the Arbitration . 25
1. CONTROLS and Claimant Have Agreed on the “Joinder” of RELIABLE to the Arbitration ...... 26
2. CONTROLS and RELIABLE Have Agreed on a “Joinder” of RELIABLE As Well ....................... 27
3. The Joinder of RELIABLE to the Arbitration Is Not Prevented by RELIABLE’s
Non-participation in the Creation of the Tribunal........................................................................ 28
4. The Fact that CONTROLS and Claimant Have Agreed on a “Consolidation” Does
Not Exclude an Implicit Agreement on a “Joinder”. ................................................................... 29
B. RELIABLE’s Joinder to the Arbitration Is Reasonable .............................................................. 29
III. Conclusion........................................................................................................................................ 30