Friday, April 26, 2019
Case study Example | Topics and Well Written Essays - 250 words - 14
Case Study ExampleThe US exporter could claim that the supplies were based on contractual agreement and that he did not breach contractual terms. The US exporter should not be made to reduce the cost of the goods if the contract did not state that the exports must completely be male colored.The ruling by the arbitrator will depend on the laws of the trade. It will alike depend on the kind of contract that existed between the two parties (Sornarajah, 2004). If the west German importer clearly tell that he wanted 100% male liver but received some percentage of the plant liver, then he will have right to have the cost reduced by the US exporter accordingly. The ruling will also depend on thee precedents of the trade. The arbitrator will have to determine whether the indication of male liver and sow liver as known to both the parties to the trade and whether sow liver was considered of lower price than the male liver. In addition, the religious beliefs and practices would also dete rmine the nature of the ruling (Sornarajah, 2004). world-wide trade poses a challenge because of the different rules of trade between the parties. The arbitrator must be discriminating to ensure that the ruling is fair and just to all parties. The decision must not be aslant to both parties. When entering into contracts, the parties should state categorically their terms without assuming they are
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