International contract law arbitration example

Pages: 19 (4623 mots) Publié le: 11 mai 2010


As an integral part of the sales team of Company X located in Paris, your group has been assigned the task of negotiating a major sale of product Y to a client located in country Z. The client’s purchasing department has insisted that the products be guaranteed as “defect-free” for a one-year period, with full reimbursement of purchase price if the products aredetermined to be defective. Your company is not comfortable with the granting of any product guarantee since these products are in fact based upon new, “cutting-edge technology.”

In addition, the client’s legal department is insisting that the contract be governed by country Z’s laws and that any and all disputes be exclusively resolved in country Z’s courts. Finally, the client desires tomake payment against documents with the presentation of drafts—something which your finance department is not very comfortable with.


First your group needs to select a country (through Maud) not yet selected by other groups. Then, respond to the following Questions in electronic form--total response not more than 20 pages--sent to Maud no later than March 31st (1 point per daylate penalty). Be sure to cite your sources of authority in footnotes and bibliography.


Question #1:









Question #2:












Question #4


Question #5:




Question 1: Describe the legal system of country Z, including its major sources of law, court structure, and reputation for resolving business law disputes in a fair and expeditious manner. Does country Z honor foreign court judgments concerning civil and commercial matters (including the award of punitive damages)? Describe at least one legal case example concerningthe enforcement of such foreign judgments.

According to numerous sources [1], [2], [3] and [5] Singapore has a reputation for fairness and impartiality in commercial law, and is a popular jurisdiction for arbitration and trial in South-East Asia. The legal system is extremely transparent, sound and efficient. An example of that transparency is that all the laws are freely accessible from theofficial website for the ministry of law [8]. It is a part of the elements that make Singapore as one of the best places in the world to do business, which can be confirmed by its 1rst world place in the annual ranking done by DoingBusiness [7]. All of this helps to motivate numerous investors in the world to set up their new business here. Political and Economic Risk Consultancy (PERC) survey...
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