Clients turn to Applerose for advice whether they are buying or selling goods in the international market or from another jurisdiction. The likely problems that may arise from an international sale of contract or cross border sale of goods transactions:
- Failure by the seller to deliver the goods or failure to deliver the goods in time
- Goods arrive but the buyer refuses to accept delivery
- Goods are not of satisfactory quality or not fit for their purpose
- The goods are not in quantity or not packaged as agreed in the contract
- The buyer have failed to pay for the goods
- Deterioration of goods during transportation
- The goods are lost or destroyed during transportation
In this matter, the party who suffers loss would want to make a claim to remedy his or her loss. Depending on the circumstances, the party at loss may bring a claim against the other side or charter party whoever is responsible for the loss or make a successful claim through the insurance if the goods are insured and the insurance covers the circumstances of the loss.
The parties will be able to arbitrate this matter, if they have agreed within their contract that the matter shall be arbitrable. If the main contract is silent about the preferred dispute resolution, the parties may choose to arbitrate the matter by a submission clause, after the dispute have arisen. Where the parties have elected arbitration, they will have excluded their right to litigation through the state courts. Where the parties have not elected arbitration, the matter can go to litigation through the state courts.