Types of International Business Disputes and Resolutions

Types of International Business Disputes and Resolutions -Project By B6Paul DineshPiyusH GoyalPooja DhankharPraneet Paras Jain A Brief HistoryInternational trade and commerce have led to the formation of various civilizations and empires.Formation of United States Of America.In current times the sheer relevance of Global Business transactions have made the planet inter-dependent.Lex mercatoria Body ofcommercial lawused by merchants throughout Europe during themedievalperiod. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It functioned as the international law of commerce. Types Of International Business DisputesContract On Sale of GoodsConstruction, engineering and infrastructure contractsIntellectual Property contractsRegistration of Domain namesJoint Venture AgreementsMaritime ContractsDealings with Custom AuthoritiesEmployment ContractsContract for Sale of Goods

Contract for Sale of GoodsDisputes : 1. Disputes may arise owing to : a. Quality of goods b. Price and payment c. Transportation d. Conditions of Delivery. Parties may refer to the following for Dispute resolution: a. ITC Model Contract b. ICC Model International Sale Contract c. The ITC Juris International Construction, Engineering and Infrastructure Contracts

Construction, Engineering and Infrastructure Contracts

DISPUTES:

Work constructed or engineered does not comply with the contractual stipulationsWork is not completed within contractually stipulated timeThe construction necessitates new, more or different materials or structure which were not provided for in contractThe owner refuses to pay the price of performed workAuthorities of the country where the construction in under way impose new requirements which have an influence on the scope and the cost of the worksContractor fails to provide performance guarantee or other guarantee

RESOLUTION:

In the past, the employers engineer, acting impartially, had the authority to make decisionsArbitration (mid 90s)FIDIC (International Federation of Consulting Engineers)

Intellectual Property Contracts

Intellectual Property Contracts

DISPUTES:

Royalties are payable or not.The amount of royalties due.Whether new product development covered by license.Circumstances under which a party is entitled to terminate the license.Whether an employee may have the ownership of an intellectual property right.

RESOLUTION:

WIPO World Intellectual Property OrganizationICC International Chamber of Commerce

Joint Venture Agreements

Joint Venture AgreementsDISPUTES:

The contribution of each of the participants to the joint venture companyThe production and exploitation of licensesArrangement for technical assistanceThe supply and training of qualified personnelCurrencies and the ways in which payments should be made or receivedThe termination of the joint venture

RESOLUTION:

ArbitrationIssues include arbitrability, scope, remedies, multi- and state-party arbitrationState courtIssues include legal systems, language, location, flexibility of

Maritime Contract

Maritime ContractDISPUTES

Time constraint

Unsigned documents

RESOLUTION:

Admiralty law (or maritime law)

The amount of cargo and the time of delivery should be covered in the contract as maritime contracts include the bill of lading, charter parties

For eg. London Maritime Arbitration Association The Society of Maritime Arbitrators (New York)

Registration of Domain Names

Registration of Domain NamesDISPUTES:More than one individual or group believes it has the right to register a specific domain

Registration, trafficking in, or the use of a domain name by an entity with bad faith intent to profit from the goodwill of a trademark belonging to another (cyber-squatting)

RESOLUTION:-The Internet Corporation for Assigned Names and Numbers (ICANN)

-The Uniform Domain-Name Dispute-Resolution Policy (UDRP)

Accredited organizationsAsian Domain Name Dispute Resolution CentreNational Arbitration ForumWorld Intellectual Property Organization (WIPO)The Czech Arbitration Court Arbitration Centre for Internet DisputesArab Centre for Domain Name Dispute Resolution (ACDR)

Employment Contracts

Employment ContractsDisputes: 1. Visa Procedures and Foreign Policies 2. Violation of various components of Employment Offer letter. 3. Personal Profile and Background of the candidate. Resolution: Arbitration, Mediation and Conciliation.

Laws of employment in UAE 1. http://uaelaborlaw.com/ Custom Authorities

Custom AuthoritiesDisputes: 1. With subject to Geographical region or country 2. Reform with subject to science & innovation products.

Resolution :Legal Firm for Custom dispute resolution :http://www.mrkinternationallaw.com/en-customs-import-and-trade-laws.htmlTHANK YOU FOR NOT PAYING ATTENTION