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Old May 2 2009, 03:03 PM   #15
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Join Date: Nov 2004
Location: The Netherlands
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Default Re: Kolmar in real life

In July 2006 there's a court case in Mexico between Kolmar Petrochemicals and Grupo Idesa.

On March 10, 2005, an appeals court from Mexico's First Circuit, by refusing to grant a Writ of Amparo, confirmed a judgment issued on appeal in the matter of Kolmar Petrochemicals Americas Inc. (Amparo Directo Civil No. 127/2005, Primer Tribunal Colegiado del Primer Circuito). The Kolmar case touches on the often complex issues of contract formation, interpretation of party intent, and interpretation of the United Nations Convention on Contracts for the International Sale of Goods (hereinafter the "CISG" or the "Convention"). It also shows the difficulties in interpreting the CISG encountered by the several Mexican Courts that heard the case at different levels, the Trial Court, the Superior Court of Mexico City, and the Federal Circuit Court.

Kolmar filed a lawsuit against Idesa with the Fiftieth Civil Court of First Instance in Mexico City claiming specific performance of the November 29, 2002 contract, damages in an amount of not less than US $724,500.00, interest and costs including attorneys' fees.
In its response, Idesa raised as one of its defenses that no contract had been formed, that the e-mails were merely attempts to negotiate a contract. The Court of First Instance found this theory persuasive, and decided in favor of Idesa.

Basta? No!

Kolmar appealed to the Superior Court of Mexico City but I think we've read enough about this, right?
Hans, also known as Elrhan, Master Archivist

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