1) Introduction of a new party in the arbitration. The seller
requested to introduce as party the manufacturer of the goods who had
signed a modification to the agreement, but not the original agreement.
2) Availability of separate award and dissenting opinion under the
3) Applicable law. Whether a stipulation in the contract takes over
1) There was not sufficient ground to establish that a valid
arbitration agreement existed between the buyer and the manufacturer.
The manufacturer could not be brought in as a party to the arbitration.
2) The respondent’s motion to dismiss the arbitration was rejected
in a separate award. The arbitrator appointed by the respondent
attached a dissenting opinion to the award.
3) The claimants did not base their claims on the contract, but on
the CISG. However, since the contract contained specific provisions on
remedies for the relevant breach of contract the CISG did not apply.
Claimants: 1. C1, Importer/End User (China)
2. C2, Agent (China)
3. C3, Buyer (China)
Respondent: R, Seller (Canada)
Place of arbitration:
Language of the proceedings:
Nationality of arbitrators: