ABSTRACT
SUPERB contends that it validly sold the control system pursuant to Art 88 CISG on the grounds that: 1 Under Art 88(1) CISG the sale of the control system was authorised; and
in the alternative 2 Under Art 88(2) CISG, SUPERB was obliged to sell the control system
since it was subject to rapid deterioration. CONTROLS argues that SUPERB was not authorised to sell the control system pursuant to Art 88 CISG on the grounds that: 1 SUPERB failed to make an authorised sale pursuant to Art 88(1) CISG
[counter-argument to SUPERB’s argument No 1]; and 2 Article 88(2) CISG is inapplicable because the control system was not
subject to rapid deterioration [counter-argument to SUPERB’s argument No 2].