A,a New York firm,sends a purchase order to B in Sweden.A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form,which states that "all disputes are to be resolved in arbitration before the ICC,Sweden." Under the CISG:

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This scenario represents a battle of forms, where both A and B have tried to impose conflicting terms on each other. In such cases, the last set of terms sent before the agreement is reached typically govern the contract. Here, B's confirmation with its standard form stating that disputes should be resolved through arbitration before the ICC in Sweden was a counteroffer that A did not accept. As a result, no agreement was reached between the parties, and no contract exists.

A,a New York Firm,sends a Purchase Order to B in Sweden.A