ABSTRACT
As a matter of law, the jurisdictional prerequisites to applicability of CISG are not met. Count II must be dismissed. [. . .]
If a party has no place of business, reference is to be made to its habitual residence. Art. 10(b) CISG thereby refers to where the party is actually located. This rule is in accordance with most domestic rules of private international law, but has only been referred to rarely.
