文档介绍：双方当事人:
(1) 申诉方/反诉被诉方:卖方
(2) 被诉方/反诉申诉方:买方
Parties:
(1) Claimant/counter-defendant: Seller
(2) Defendant/Counter-claimant: Buyer
仲裁地:
Place of arbitration:
事实
FACTS
1994年,双方当事人根据某种协议规格规定签署了3份买卖一种产品的合同。在收到货运单据后,买方即按合同规定,支付了全部合同价的90%.
In 1994, the parties concluded three contracts for the sale of a product according to certain contract specifications. The buyer paid 90% of the price payable under each of the contracts upon presentation of the shipping documents, as contractually agreed.
按第一和第三份合同提供的产品符合协议规格,第二批货物的规格在装运前就有过争议。产品抵达目的地后重新检验,发现其不符合协议规格。为便于脱手,经过某种处理,最终买方将产品卖给了第三方,损失惨重。
The product delivered pursuant to the first and third contracts met the contract specifications. The conformity of the second consignment was dispute prior to its shipment. When the product was again inspected upon arrival, it was found that it did not meet the contract specifications. The product was eventually sold by the buyer to third parties at considerable loss, after having undergone a certain treatment to make it more saleable.
卖方提请仲裁,要求收回10%的合同余款。买方提起反诉,声称应从卖方所索费用中扣除买方估计应由卖方赔偿买方的一笔费用,即:直接损失费、财务成本费、所损失的利润及利息费。
The seller initiated arbitration proceedings to recover the 10% balance remaining due under the contracts. The buyer filed a counterclaim alleging that the seller's claim should be set off against the amounts which the buyer estimates to be payable to