Clients turn to Orchid Solicitors 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
In these matters 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. They can also make a 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.
The parties to be able to arbitrate or have their dispute resolved by arbitration or Arbitration Tribunal, both parties must have agreed to arbitrate their dispute either in a clause within the body of the main agreement or in a separate arbitration agreement (the agreement must be in writing). However, after the dispute arises the parties can nevertheless arbitrate their dispute if they agree in writing by a submission agreement that they agree their dispute be resolved by arbitration.
Parties can agree to arbitrate cross-border commercial disputes including:
The investors (national of the Home State) around the world invest in different jurisdictions for the purpose of making profit. Either at the outset of investment or during the investment, the investor may be subjected to unfair,(fair and equitable treatment), arbitrary or discriminatory treatment or in some cases the investor's investmentmay be expropriated by the host state (host state is where the investor have invested their investment and the state in breach of International Investment Law).
Investors trust lawyers at Orchid Solicitors have the specialist knowledge and experience to provide the investor with the necessary legal advice and help the investor take the necessary course of action in achieving their objective.
In bringing a claim against the host state (the state in breach of international Investment Law) the investor may rely on Concessionary agreement between the investor and the host state (or a subdivision or an agency of the host state), Bilateral Investment Treaty (BIT) between the host state and the investor's home state or other Bilateral Investment Treaty (BIT) between the host state and a third party state, through Most Favoured Nation Treatment (MFN Clause), Multilateral Treaties such as Energy Charter Treaty (ECT) or North American Free Trade Agreement (NAFTA. ) or any other free trade agreement.
Our lawyers aim to make the legal process clear and straight forward by providing high quality advice and representation in all matters involving international law or arbitration. If you would like more advice or to book a consultation please contact our team at our office in Ilford at the details below.