ABSTRACT
Allgemeines Bürgerliches Gesetzbuch (Austria) [ABGB] American Arbitration Association International Arbitration Rules, 1 September 2000 [AAA Rules] Bürgerliches Gesetzbuch (Germany) [BGB] Code Civil (France) Codice Civile (Italy) Codigo para El Distrito Federal en Materia Comun y para toda La Republica en Materia Federal (Mexico) Contracts (Rights of Third Parties) Act 1999 (UK) Convention on the Assignment of Receivables in International Trade [Receivables Convention] Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 10 June 1958 [New York Convention] London Court of International Arbitration Rules, 1 January 1998 [LCIA Rules] Schweizerisches Obligationenrecht (Switzerland) UNCITRAL Model Law on International Commercial Arbitration, 21 June 1985 [Model Law] UNIDROIT Principles of International Commercial Contracts, Rome, 1994 [UNIDROIT Principles] Uniform Law on the International Sale of Goods, The Hague, 2-22 April 1964 [ULIS] United Nations Convention on Contracts for the International Sale of Goods, Vienna, 11 April 1980 [CISG]
The Claimant, Futura Investment Bank (INVESTMENT), has prepared this memorandum in compliance with the Arbitral Tribunal’s Procedural Order No 1, issued on 6 October 2001. It is argued that: • a legally valid arbitration agreement exists between INVESTMENT and the
Respondent, West Equatoriana Bobbins SA (BOBBINS); • INVESTMENT is entitled to payment of $2,325,000 from BOBBINS;
• BOBBINS;
• INVESTMENT is entitled to claim interest on the sum of $3,255,000; and that • BOBBINS should bear the costs of the arbitration. In arguing these propositions, INVESTMENT will demonstrate the legal and factual bases for its claim, and will respond to BOBBINS’ affirmative defences.
