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International trade law

Par   •  6 Décembre 2018  •  2 028 Mots (9 Pages)  •  3 Vues

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Advantages

- By using mediation as an approach to resolving the dispute, the mediator is able to look at the underlying cause of the dispute, the complex tradeoffs and interests involved, and help the parties in reaching a resolution that is beneficial to all the parties involved.

- Mediation is especially helpful when the parties in the dispute wish to move on and continue their business relationship.

- Mediation is an opportunity for the parties to tell their version of events in their own words. This gives the parties an opportunity to be heard, and in some cases, this will eliminate the need for a suit to be filed because many litigants file suit for an opportunity to tell his or her side of the story.

Distadvantages

- Mediation does not always end with a settlement agreement. In some cases, the agreement will come after attending a few mediation sessions.

- The finality of the mediation could be questioned. Parties to a settlement agreement may attempt to dispute the settlement agreement and still end up filing suit in court regarding the legitimacy of the settlement agreement.

Arbitration is a type of alternative dispute resolution process where the parties to a dispute agree to arbitrate or operate under a contract that specifies that arbitration is the remedy. Disputes are heard outside of the courts, before one or more arbitrators. A common use of arbitration is in the area of labor disputes.

Advantages

First of all, arbitration is a method of resolving disputes without going to court. Also, in arbitration, the “problem” is submitted to a third party called “arbitrator” who is in charge of solving the dispute after hearing a presentation/arguments by both sides

Choosing arbitration as a method of resolving a dispute can have some advantages:

- Arbitration is a private procedure, so the dispute and the presentation of both sides can be kept confidential

- Arbitration tends to be much less expensive than litigation.

- Usually, the parties agree on the arbitrator. They tend to have confidence and they arrive in a commun point.

- Finally, going for an arbitration method to solve your dispute will save you time and money. Disputes are resolved much sooner through an arbitrator.

Disadvantages

- The standards used by an arbitrator are not clear, although generally the arbitrator is required to follow the law.

- While arbitration can be less expensive than other methods, it is not without expense. You will still need to pay legal and administrative fees, so, depending on your situation, the savings may be nominal.

Litigation is the use of the courts and civil justice system to resolve legal controversies. This process can be used to compel opposing party to participate in the solution. Also, this in one of the most familiar type of dispute resolution, civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury. The judge or the jury is responsible for weighing the evidence and making a ruling.

Advantages

- The process is open, transparent and public

- Based on the strict, uniform compliance with the law of the land

- Resolution is final and binding (subject possibly to appeal to a higher court)

Disadvantages

- Litigation can be extremely expensive because of fees, for filing court documents and paying attorneys. Depending on the case, litigation can drag out for months, or even years, extending these costs

2nd Part - Case study: 10 points

Jewel Mines SAS is a global mineral drilling group providing exploratory mineral drilling

services worldwide. It is incorporated in France and based in Marseille. Guinea Resources Ltd is a company incorporated under the laws of Guinea. It carried on business in the Republic of Guinea. Jewel Mines SAS aims at exploiting the diamond mine and getting diamonds from the mines located in South Eastern Guinea. The camp Z was located nearby the diamond mine. On 30 April 2017, Jewel Mines SAS and Guinea Resources Ltd entered a Purchase and Delivery Agreement for the delivery of blue, red and yellow diamonds of pure quality (the Goods) for a price of 20 million US dollars. Jewel Mines SAS paid 10 million US dollars at the signature of the contract. The Goods were to be delivered at Amsterdam Harbour on 10th October 2017. Jewel Mines SAS was to pay the total contractual price upon delivery and after a final inspection by the designated specialist. The specialist of Jewel Mines SAS checked the Goods upon receipt of the Goods on arrival. He discovered that the Goods were not of pure quality. Jewel Mines SAS intended to sell the gems to Cartier and Bulgari pursuant to a contract with both jewellers for a total amount of 30 million US dollars. Assume that both businesses are located in countries which are signatories to the Vienna Convention. You work for Jewel Mines SAS. The CEO of Jewel Mines SAS asked you to write a memorandum explaining the various issues below.

• Explain what are the obligations of the seller (Guinea Resources Ltd) pursuant to the

Vienna Convention.

• Explain what are the obligations of the buyer (Jewel Mines SAS) pursuant to the

Vienna Convention.

• Explain what Jewel Mines SAS should do now pursuant to the Vienna Convention.

• Discuss the possible risks for Jewel Mines SAS in light of these facts. What is your

preferred solution ? Explain why it is your preferred solution.

MEMORANDUM

To: CEO of Jewel Mines SAS

From: Ahmed ALAHMARI

Date: December 17, 2017

Subject: Problem with the quality of goods delivered by Guinea Resources

As part of our

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