United States Third Circuit
Forestal Guarani S.A. v. Daros Int'l, Inc., 08-4488
In an Argentinian corporation's breach of contract suit against a New Jersey corporation under the United Nations Convention on Contracts for the International Sale of Goods, district court's grant of defendant's motion for summary judgment is vacated and remanded where: 1) the district court incorrectly concluded that Argentina's declaration, opting out of the provision in the Convention allowing a contract to be proved even if it was not in writing, imposed a writing requirements and that the absence of a written contract in this case precluded the plaintiff's claim; and 2) where, as here, one party's country of incorporation has made a declaration while the other's has not, a court must first decide, based on the forum state's choice-of-law rules, which forum's law applies, and then apply the law of the forum designated by the choice-of-law analysis.
Appellate Information
- Argued 04/16/2010
- Submitted 07/21/2010
- Decided 07/21/2010
- Published 07/21/2010
Judges
Court
- United States Third Circuit
Counsel
- For Appellant:
- Eugene M. Banta, Jr.