 Posted: Tue 22:32, 18 Jan 2011 Post subject: Some deal with the import and export experience in |
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Some deal with the import and export experience in contract dispute Action. Such as: location related to the size of input costs; use of language related to the accuracy of the information, statements respondent effect defense; interpersonal relationships directly affect the outcome of the arbitration. I have experienced two cases of breach of the same nature of the arbitration case,ugg boots italia, the same seller to two different international sale of goods the buyer, the buyer's breach of the terms of payment are in consultation to no avail,Moncler prezzi, the case of the seller to submit the dispute to arbitration. The results of the Stockholm International Arbitration Court and the China International Economic and Trade Arbitration Commission's decision results to differ materially, the former favor of the seller, the latter clearly favor the buyer. Therefore, we must seriously study the size of damage and win the amount of compensation may be calculated into the cost of the arbitration costs to be carefully weighed with caution. Research by the applicant but also the ability of commercial credit and compensation, which is directly related to the arbitration (Litigation) CD (sentence) summary of implementation issues. The injured party would have liked, of course is the actual benefit compensation, not just cut a piece of paper (contract) must book and losing the possibility of Fang the initiative to implement Caijue size, is subject to damage one must consider. When the other party to the commercial credit of large companies, with a claims paying ability, because both parties failed to pay compensation for breach of contract, benefits can not come to agreement, through arbitration to resolve the most appropriate. Once a fair and impartial decision making, implementation of the other party will take the initiative to make the injured party be compensated. Conversely, if the defaulting party is bad business credit small company with limited compensation, then we must seriously consider, but not easy to bring the dispute to arbitration or litigation case. Fourth, seeking to enforce the award can not be blind do not take the initiative to act in each other when the enforcement of arbitral awards, the injured party can only win by losing party of the country (region) of the Judiciary to enforce. At this point there are two issues to consider: 1. Whether the State party in breach of relevant international conventions (the 1958 New York Convention) of the Member States. Only countries in which the party in breach of the parties to the Convention to enforce foreign arbitral awards made possible. Otherwise, the execution almost impossible. 2. The injured party in breach of contract lawsuit in its home country capacity. Application for enforcement of arbitral awards is the basis having the legal process, although the court recognized by the Convention of foreign arbitral awards, but its right to the care of the arbitration rules of procedure to be reviewed to decide to accept the application for enforcement, which requires the applicant to do work. Ability in the other country (region) to fight a lawsuit the implementation of the damaged party to have self-knowledge. The author has himself as lawyers, v. United States arbitration case of a company is a good example: an import business, foreign equipment submitted by serious design flaws, causing us great losses. More than a year after both parties failed, I dispute this case the importer to submit to arbitration (the arbitration fee of 12 million yuan), then by the Full Court of China Economic and Trade Arbitration Commission ruled that: The U.S. should compensate the losses of around $ 400,000. Foreign refused to enforce the award because I twenty thousand U.S. dollars to facilitate investment in the application for enforcement in New Jersey, United States courts under the execution in a foreign country, we pay the legal documents in time is difficult, leading to the implementation of the case against the first instance. The greater the difficulty of appeal, the failure to enforce the final award. This case, our client has won the award though, but not only did not receive compensation for any damage, but they increase domestic arbitration fees, lawyer fees, asset investigation, travel and other expenses total about twenty-five million yuan; foreign application for enforcement to spend twenty thousand dollars. Another case is: In 2002, I had the benefit of a well-known Korean companies request: to assist its arbitral awards in China, a place of execution, that the South Korean company as the plaintiff, which lasted more than a year to obtain the China International Trade Arbitration Commission ruled: rule me Mainland enterprises to repay their loans in a balance and interest costs of around $ 2,700,000. However, Korean companies get a commission ruling in favor of the local well-known implementation of a lawyer for a ruling, he found the applicant's place as the political, economic backgrounds, makes the award application for enforcement difficult. It is understood that the Korean companies finally abandoned the $ 2,700,hunter jimmy choo,000 award in favor of the application for enforcement. Difficulty in enforcement of international arbitral awards is evident. Range of commercial credit and no co-operation possible, the party in breach, the consequences of the arbitration is likely to be aggravated by the loss of the injured party,tory burch outlet, or not worth the candle, then give up the claim may be a wiser choice. In summary, it is easy to see, international sale of goods disputes, disputes occur, negotiated settlement is the best way, in particular the amount of damage is not the case in dispute, should be settled through negotiations, compensation should also be flexible. The choice of forum should be a last resort option, be sure to be careful. �� |
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