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Franco Ferrari

In Transmar Commodity Group Ltd. v. Cooperativa Agraria Industrial Naranjillo Ltda. (721 Fed.Appx. 88 (Mem)), the Court of Appeals for the Second Circuit reversed a decision rendered by the Federal District Court that had held that the parties had not agreed to arbitrate their dispute on the grounds that the buyer’s standard contract’s terms containing the arbitration clause had not become part of the contract. According to the Court of Appeals, the District Court had erred in substituting New York law for the United Nations Convention on Contracts for the International Sale of Goods (CISG) for the purpose of determining whether the standard contract terms and, thus, the arbitration clause, had been agreed upon.

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