内容正文:
Settlement of Disputes
UNIT 14
Case Lead-in
PART 1
Reading
PART 2
Sample Conversations
PART 3
Case Lead-in
Part 1
The contract was concluded on a CIF Tokyo basis. After the arrival of the goods in Tokyo, the buyer found quality problems of the goods in question. But they still transported the goods to another company in Singapore. Later, the buyer lodged a claim against the seller on the strength of the inspection certificate issued by the inspection organization in Singapore. How will the seller settle the claim?
Disputes are a common occurrence in foreign trade practice, but it does not mean that it will happen in every transaction. Disputes can be settled through friendly negotiation, mediation, arbitration or litigation. In consideration of the good relationship with the other party, or the loss incurred being a minor one, friendly negotiation or mediation is the best method of all and beneficial to both parties. If disputes cannot be settled through negotiation or mediation, arbitration will be the next best alternative, as litigation is usually costly and time consuming.
Reading
Part 2
Disputes in International Trade
If everything is done so carefully that no mistakes are made and nothing is damaged, the sales contract will be carried out smoothly. But in practice, disputes result from the breach of the contract either by the intentional act of a party or by the negligence or fault of a party. For example, the exporter delivers the goods which are inferior in quality or are not in accordance with the contract stipulation, or packs the goods poorly or improperly. On the other hand, the importer may fail to dispatch a vessel to carry the goods, nominate the carrier in time or establish an L/C in time. He may reject the goods unreasonably or refuse to make payment.
When a dispute occurs, the parties involved often try to resolve it between themselves because the people concerned are most familiar with the problem and dealing with it personally can avoid