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Commercial Disputes and Arbitration

"...inevitably, disputes arise in the execution of a contract and can be taken to court or referred to arbitration..."

Arbitration clause are usually included in formal written sales contracts, agency and distributorship agreements.

All disputes arising in connection with the present contract shall be settled finally under the rules of Conciliation and Arbitration of the International Chamber Commerce by one or more arbitrators appointed in accordance with the rules.

Any third party may, with mutual consent, appointed to act as the arbitrator who will then examine the dispute and make a decision binding upon the two parties in dispute.

Many firms include in formal sales contracts or agreement an arbitration clause that requires the arbitrators to follow the Rules of Conciliation and Arbitration laid down by the International Chamber of Commerce.

If a contract does not contain the arbitration clause, the parties can still agree to submit the dispute to arbitration.
 

  


Site Contents for:
 How to develop your export market?

Page 1 How to develop your export market?

Page 2 How to benefit from export merchant or agent?

Page 3 About Foreign Distributor & Import Agent

Page 4 Socialist Countries
Licensing and Join Venture

Page 5 Sales Procedure for Export Export Contract

Page 6 Incoterms describe the responsibilities of seller and buyer

Page 7 Definitions of INCOTERMS trade terms

<< This Page 8 About commercial disputes and arbitration

 

 

 

 

 

Obligations of Seller

  • 1. Deliver goods as stipulated in the contract in the time limit set and advise buyer.
     
  • 2. Bear all costs, taxes, fees, etc. and risks of shipment of the goods until they have passed the ship's rail in the named port.
     
  • 3. If goods need packing, provide adequate packing at his expense.
     
  • 4. Provide clean Bill of Lading (B/L) on board the named vessel.
     
  • 5. Provide documents needed by the importer, for importation.
     

Obligations of Buyer

  • 1. Make necessary transportation arrangement by ship and notify the seller with details.
     
  • 2. Bear all costs and risk of importation after goods have passed the ship's rail.
     
  • 3. Pay the price as provided in the contract.
 

Page 9 About The World Trade Center Association

Page 10 Direct Export & Indirect Export Procedures 
 

 

 

 
 
  • 4. If the vessel is unable able to carry the cargo, or is delayed, all charges  arising from such events are charged to the account of the importer.
     
  • 5. The importer bears all risks involved after the date of expiration of delivery of goods, if he fails to give detailed instructions to the seller on transportation of goods.
     
  • 6. Pay the cost of obtaining the Bill of Lading, Certificate of Origin, Consular Invoice, or any other document requested by buyer.

 

Channels of Distribution within the Foreign Country

Before choosing a foreign agent or distributor, the exporter should check, whether the foreign country imposes any legal requirements e.g. the agent must be a national of that foreign country.

The exporter should discuss with the agent or distributor the channels of distribution that would be used to market the products.

The choice of such channels should take into account the buying habits of the final customers, the types of channels available, their relative cost and efficiency, the nature of the product itself (e.g. fragility, perishability)

The need for local warehousing, after-sales service requirements, the channels used by competitors, the traditional methods of distribution, and the costs versus benefits of setting up your own distribution channels.
 

Next page 9/10 World Trade Center
The purpose of the WTCA, which consists of trade centers and trade-related groups, is to: 1. Encourage the expansion of world trade.
 
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Site Contents for:
How to develop your export market?
 


Site Contents for:
Secrets of
International Trade

 

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