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CISG-online 3050
Jurisdiction USA
Tribunal U.S. District Court for the Southern District of Florida
Chamber
Claimant aap Implantate AG (seller)
Respondent MI Global Group USA LLC (buyer and distributor)
Date of decision 24-Jul-2017
Case no./Docket no. 1:17-CV-21888-UU
Seller's country Germany
Buyer's country USA
Goods involved Trauma products for orthopedic plates and screws and related surgical implant technology (Medizintechnikprodukte im Bereich Trauma)
Application of the CISG Yes
Key CISG provisions cited and discussed
CISG provisions also cited
CISG provisions discussed, but not in fact cited
Decision published in
Abstracts
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history


Text of decision
Comments on decision The distribution agreement between the parties contained an “Applicable Law” provision, which stated, “This Agreement is subject to the law of the Federal Republic of Germany.” With respect to “Jurisdiction,” the applicable provision in the Agreement provided: “Place of jurisdiction is Berlin, Germany.” When in spite of these contractual clauses the German seller brought his CISG claims against the U.S. distributor in the present court in Florida, the court denied its jurisdiction based on the doctrine of forum non conveniens.

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