UNCITRAL CLOUT Case 635
Karlsruhe Higher Regional Court
7 U 40/02 (2003)
- Written by Rich Walter, JD
Facts
A German seller (plaintiff) contracted to deliver carpets to a Brazilian buyer (defendant). When the buyer fell behind in making payments, the parties concluded a new agreement, obligating the buyer to pay off the balance owed in monthly installments. When the buyer failed to pay as agreed, the seller sued for the remaining balance. A German trial court dismissed the suit, ruling that the court had no jurisdiction over international sales disputes. The seller appealed to the regional court based in the German city of Karlsruhe.
Rule of Law
Issue
Holding and Reasoning ()
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