Ravi's question
Legal Action as Ultima Ratio!
Dear Frammi & Huu Duc,
Thanks your kindly help and suggestion.
We have contracted with this buyer nearly 48 fcls (including 10 fcls or ours). Basicaly we are indenting agent and the balance 38 fcls to other buyers who relay upon us and opened LC in time and amended the LC as per the exporter request. Nearly 1200 Mts of Peas value totally USD 4,56,000.00 involved between India and Australia.
My question :- We are having all papers such as signed contracts, LC and all email correspondance.
Is there any arbitrator to solve this issue. Iif so where we have to contract either in India or Australia.
Moreover we have already forwarded all papers to the Austrlaian High Commision, TRade Division in New Delhi. They are also taking steps.
awaiting for your suggestions.
Thanks
Ravi
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Mr. Old Man's response
Dispute Settlement
Dear Ravi,
Disputes under sale contracts are normally settled in accordance with the governing law/rule by the court/arbitration as agreed in such contracts. Thus, if you intend to bring a lawsuit against the seller, you should have a look at your contract to submit your dispute- settlement request to the jurisdiction/arbitration of an appropriate court/arbitration.
If the contract has not any articles regarding governing law/rule or court/arbitration and you wish to have recourse to arbitration by the International Chamber of Commerce, you should submit your request for Arbitration to the Secretariat of the International Court of Arbitration, through your National Committee or directly. In this latter case the Secretariat shall bring the Request to the notice of the National Committee concerned.
You should refer further to your lawyer’s and/or national arbitrator’s opinion and assistance in this matter.
Best regards,
Nguyen Huu Duc …
