Siemens Industrial Turbomachinery A.A. c/ Generación Mediterránea S.A. y otro s/ cancelación (National Commercial Court of Appeals, Chamber C, 13/09/2018)
Discharge and effects of obligations documented within a sophisticated commercial relationship. The Commercial Court of Appeals applied strict evidentiary and good-faith standards characteristic of dealings between sophisticated business parties.
«Siemens Industrial Turbomachinery A.A. c/ Generación Mediterránea S.A. y otro s/ cancelación»
What was at issue
Discharge and effects of obligations documented within a sophisticated commercial relationship.
What was decided
The Commercial Court of Appeals applied strict evidentiary and good-faith standards characteristic of dealings between sophisticated business parties.
- The Commercial Court of Appeals applied strict evidentiary and good-faith standards characteristic of dealings between sophisticated business parties.
- The holding should be read in light of the legal interest protected in the area of commercial obligations, not solely by reference to the documentary form of the act.
- Evidence of the specific facts and of their impact on corporate or creditor rights is decisive when applying the precedent’s doctrine to another case.
Citation: CNCom., Sala C, «Siemens Industrial Turbomachinery A.A. c/ Generación Mediterránea S.A. y otro s/ cancelación», 13/09/2018 — Jurisprudencia societaria y comercial
Practical application
It is useful in B2B disputes involving complex technical and financial documentation.
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