Claimant is a Turkish company that (inter alia) operates wind power plants. Defendant is a Dutch company that develops, manufactures and constructs wind turbines. Claimant has purchased two wind turbines from defendant for a power plant project in Hamzabeyli, Turkey. The dispute between the parties concerns the question whether defendant under the Sales Agreement has the obligation to obtain a so called “Type Certificate” in relation to the wind turbines. A Type Certificate is the accreditation done by a third party that the wind turbine meets the relevant standards and checks. When defendant did not confirm that it would obtain a Type Certificate before the assumed delivery date of the wind turbines, in January 2016 claimant suspended the Sales Agreement. Defendant then drew under the Letter of Credit provided by the claimant, disputing that the provision of a Type Certificate is an obligation under the Sales Agreement. In November 2019, claimant terminated the Sales Agreement for breach of contract. Defendant contests this. According to defendant claimant first breached its obligations under the Sales Agreement to take delivery of the components of the wind turbines. In brief, both parties state that the other party has breached its obligations under the Sales Agreement. The parties have submitted mutual claims regarding the alleged breaches.
The hearing will be held in the Palace of Justice, IJdok 20 in Amsterdam.