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Hanwha Corporation v. Cedar Petrochemicals, Inc.
United States District Court for the Southern District of New York
760 F. Supp. 2d 426 (2011)
Hanwha Corporation (Hanwha) (plaintiff) was a South Korea-based buyer that sought to purchase petrochemicals from the New York-based seller Cedar Petrochemicals (Cedar) (defendant). After preliminary negotiations, Hanwha and Cedar exchanged standard business forms. Cedar’s form designated that New York law was the governing law, but Hanwha’s form designated that Singapore law would govern. In 2009, Hanwha filed a complaint in New York County Supreme Court, alleging that Cedar had breached and anticipatorily breached their contract. The complaint also stated that the dispute arose under the United Nations Convention on Contracts for the International Sale of Goods (CISG), creating federal subject-matter jurisdiction. Cedar removed the case to district court. Hanwha and Cedar filed a motion and cross-motion for summary judgment.
Rule of Law
Holding and Reasoning (Hellerstein, J.)
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