《国际贸易实务与操作》Chapter11研讨.pptVIP

国际贸易实务与操作  International Trade Practice and Operation Chapter 11 International Commercial Dispute Resolution Teaching Objectives 1. Discuss causes of disputes in international sale contracts. 2. Study the features of arbitration. 3. Outline factors weighed by courts in selecting the law to apply to a dispute. 4. Introduce the WTO dispute settlement procedures. Section 1 Disputes and Claims 1. Breach of Contract Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under the contract. Fundamental breach deprives the other party of what he is entitled to expect under the contract. The injured party shall have the right to cancel the contract and to recover damages from the party in breach. Section 1 Disputes and Claims Seller’s Obligations Delivery of goods Time of Delivery Place of Delivery Conformity of goods with the contract Transfer of property (ownership, IP rights) in the goods Buyer’s Obligations Payment of the price Time of payment Place of payment Receipt of the goods delivered Section 1 Disputes and Claims 2. Disputes The main reasons for disputes are the following: Seller’s Fault: Discrepancy in quality Insufficient quantity Deficient /poor packing Delayed delivery Section 1 Disputes and Claims Buyer’s Fault: Not dispatch a vessel to carry the goods Not name the carrier in time Not open a L/C in time Unreasonable rejection of the goods Misunderstanding : Unclear stipulations of the contract lead to different interpretations e.g. “quantity about 10 000 M/T”, “prompt shipment”. Section 1 Disputes and Claims 3. Claim Claim refers to the claim of losses. If the seller breaches the contract, which incurs loss, the seller will shoulder the responsibility and the buyer should raise a claim against him according to the contract stipulations. Claim must be lodged within the time of validity stipulated in the contract