Judgment of 30 March 1993, Nokia-Maillefer SA v. Mazzer

XXI Y.B. Comm. Arb. 681 (1996)

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Judgment of 30 March 1993, Nokia-Maillefer SA v. Mazzer

Switzerland Vaud Cantonal Tribunal
XXI Y.B. Comm. Arb. 681 (1996)

Facts

In March 1988, a Swiss company, Nokia-Maillefer SA (Nokia) (defendant), received an order from an Italian businessman, Mazzer (plaintiff). Nokia sent Mazzer a confirmation for the order, which included Nokia’s general conditions of sale and a forum-selection clause providing for the jurisdiction of the Swiss courts. An Italian financing company, Leasindustria, sent a purchase order in response to Nokia’s confirmation. The purchase order included Leasindustria’s general conditions of purchase and a forum-selection clause providing for jurisdiction of the courts in Milan. In May 1988, Nokia sent back the purchase order with an amended forum-selection clause that provided jurisdiction for the International Chamber of Commerce, Paris. Mazzer accepted the modification to the forum-selection clause. When a dispute later arose, Mazzer initiated a suit in the Canton of Vaud, the location of Nokia’s headquarters. Nokia filed a motion seeking to refer the dispute to arbitration.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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