国际合同纠纷仲裁裁决书 中英文
The products provided under the first and third contracts met the contract ns。but there was a dispute over the ns of the cond batch of goods before shipment。Upon arrival at the n。the products were re-inspected and found to be non-XXXXXX party。XXX
裁决：AWARD
留学美国条件XXX经审理认为：XXX arbitral tribunal。after hearing the ca。XXX:
1）第二份合同规定的产品规格与协议规格不符，卖方应承担责任。
XXX under the cond contract did not comply with the contract ns。and the XXX.
2）买方在获得货运单据后，按合同规定支付了全部合同价的90%，卖方应退还买方已支付的10%的价款。
The buyer paid 90% of the price payable under each of the contracts upon n of the shipping documents。as contractually agreed。and the ller should refund the 10% of t
pick up是什么意思he price paid by the buyer.
3）买方因卖方提供的不符合协议规格的产品而遭受的损失，应由卖方赔偿。
XXX due to the non-XXX.
4）仲裁费用由卖方承担。
XXX.
might是什么意思
裁决书已生效，双方当事人应当依据本裁决书的规定履行各自的义务。The award is final and binding on the parties。who shall perform their XXX.
The first and third contracts were fulfilled according to the ns。but there was a dispute over XXX the cond consignment before it XXX arrival。it was found that the product did not meet the contract XXX treatment to make it more saleable.workgroup
XXX 10% balance due under the XXX。the buyer filed a counterclaim。alleging that the ller's claim should be t off against the XXX to them by the ller。including direct los
sortofs。financing costs。lost profits。and interest.
I。APPLICABLE LAW
1) Since the contract does not contain any ns regarding substantive law。the legal issues shall be determined according to Article 13(3) of the nal XXX。According to this n。arbitrators shall apply the law that they XXX.
3）The XXX to nal Sales of Goods。dated June 15.1995.designates the law of the Seller's current country of XXX。while the Seller's country has not。However。the general trend in conflict of laws is to apply the domestic law of the debtor who is XXX。In this ca。the Seller is the debtor。Therefore。the law of the Seller's country of residence ems to be the governing law for the contract een the Buyer and the Seller.
3）According to XXX to nal sales of goods dated 15 June 1995 (Art。3)。the law of the XXX。Although the country of the Buyer has adhered to the Hague n。the country of the Seller has not。However。the general trend in conflicts of law is to apply the domestic la
w of the current residence of the debtor。who in a sales contract is the Seller。Bad on the findings。the law of the country of the XXX.
4）The arbitrators XXX with Article 13 of the nal Chamber of Commerce n Rules。the arbitrators will also take into account XXX usages.贱熊
In determining the applicable rules of law。the Arbitrators have XXX usage。as per the last paragraph of Art。13 of the ICC rules。The Arbitrators have found that the United XXX for the nal Sale of Goods。also known as the Vienna n。is the best source of current trade usage。Even if both Parties' countries are not members of the n。it can still be considered as applicable law if both countries are members。as is the ca in this dispute.
Regarding the admissibility of the counterclaim。XXX the scope of the n agreement。The Arbitrators have considered the XXX and have found that the counterclaim is XXX.
XXX。They have found that the n agreement is valid and binding and that the dispute XXX.
In n。the Arbitrators have XXX dispute.
barked
XXX usage is the United n on the nal Sale of Goods of 11 April 1980.XXX。it can still be ud as a n of trade usageXXX。it could be applied as a matter of law.
XXX has been effective in 17 countries and is a reasonable source for determining the trade usage in nal sales of goods。Article 38(1) of the XXX d after discovering or should have discovered any non-conformity of the goods。or el they will lo their right to XXX(1) specifically states that if the Buyer does not give XXX delivery。they will lo their right to claim for non-conformity。unless it XXX-term guarantee.
XXX recognized in 17 XXX the common practice for non-conforming goods in nal sales。Article 38(1) of the XXX should have noticed a defect。they must notify the Seller of the non-XXX to do so forfeits their right to make a claim bad on the non-conformity。Article 39(1) XXX the right to rely on a lack of conformity of the goods if they do not give XXX two years of the handover。XXX.
the law of the Seller's country。The time limit for the Buyer to give XXX's country law is particularly short and specific。which ems tobe an n to the general trade practice。apply to
9）在本案中，卖方未能提供有关货物状况的真实信息，也未能证明其已尽到合理的谨慎义务。因此，卖方应对货物的瑕疵负责，并承担相应的赔偿责任。
9）In this ca。the XXX of the goods and did not prove that it had XXX。XXX.
The law of the country of the Seller。XXX。XXX to be an n to the XXX usage.
agree的用法
Regardless。it should be XXX-conforming products under Articles 38 and 39 of the XXX 40 states that "the XXX articles 38 and 39 if the lack of conformity relates to facts of which he knew or could not have been unaware and which he did not disclo." This is indeed the ca。as both XXX and could not have been unaware that the goods XXX.
