Medical Marketing International, Inc. v. Internazionale Medico Scientifica, Societa a Responsabilita Limitata
United States District Court for the Eastern District of Louisiana
1999 WL 311945
Medical Marketing International, Inc. (MMI) (plaintiff) contracted with Internazionale Medico Scientifica, S.r.l. (IMS) (defendant) for the sales rights for mammography medical equipment. The equipment was seized by the Food and Drug Administration (FDA) for failure to comply with medical-device regulations. Under Article 13 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), MMI and IMS entered arbitration to determine which party was liable for failing to comply with FDA regulations. The arbitration panel ruled in favor of MMI, and IMS’s request for reconsideration was denied. MMI filed an application for an order confirming the arbitral award and entering the judgment in the United States District Court for the Eastern District of Louisiana. IMS argued that the arbitration panel exceeded its power by ignoring established international sales law in not following the precedent of the German Supreme Court interpreting CISG.
Rule of Law
Holding and Reasoning (Duval, J.)
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