By Davy Karkason

In a landmark decision that underscores the intricacies of international trade law, attorney Davy Karkason successfully defended Auratex Home Fashion LLC against New Work Marine Insurance Company in a dispute that captivated legal experts for over two years. The 11th Circuit Court delivered a pivotal ruling, affirming its jurisdiction and the application of the laws of India to the contract in question.
This case, which has been closely watched by the international trade community, revolved around the complex legal framework of the Uniform Commercial Code (UCC) Article 2, specifically the “battle of the forms” provision. Karkason masterful argument hinged on the interpretation that when a full contract between merchants is attached to a complaint, all related forms—including purchase orders and proforma invoices—must be considered. This interpretation led to the conclusion that the terms of the last form, in this case, a proforma invoice, should control the contract if it was not objected to.