ARBITRATION

International Commercial Arbitration

International Commercial Arbitration

PART: A

International commercial arbitration is the Arbitration Court whose main purpose is to consider and resolve international commercial disputes. In a particular procedural form by making binding decisions for the disputants. The essence of arbitration is that it forms agreement between the disputants with their direct participation and under their control. International commercial arbitration involves disputes of a commercial nature, i.e., arising from civil and mainly trade transactions. State court and commercial arbitration are independent jurisdictional bodies, which have different legal nature. It seems that international commercial arbitration is not included in the judicial system of the state. Its organization and activities determined by the Law on the ICA. Arbitration is voluntary but, mandatory originated by the outcome, and I totally agree with the author, because the result is much fairer and above all much faster. Although there are certain risks in nature, such as legal, technical, economic, commercial, political, financial, and several that classified as extraordinary. The arbitration agreement is an agreement by which the parties agree to arbitration. It is known as the arbitration clause, if formulated for a possible future dispute and compromise, when it relates to an existing dispute. From the standpoint, of terminology, the word compromise, which means an arbitration agreement, used for both the arbitration clause as a compromise? The arbitration agreement contract subjects to the terms of the contracts.

PART: B

Case Scenario

In January 2011, Norbert Dellcer SA, chartered a vessel from Lee & Solent Ltd (an English company) for the carriage of a consignment of olives from a port in Greece to a port in the United Kingdom. During the voyage, the vessel encountered heavy weather conditions which caused the cargo to shift. Upon unloading, the stevedores, Natusen Ltd (an English company), failed to take account of the condition of olives and caused further damage to the cargo. The study analyses the respective rights and obligations of three companies i.e. Lee & Solent, Norbert Dellcer SA and Lee & Solent in relation to the proceedings.

Case Analysis

According to the Charterparty clause, All differences and disputes between the parties hereto which may arise out of, or which may in any way be connected to this Charterparty and this clause, shall be submitted to arbitration in England within 6 days of the dispute arising. This Charterparty and this clause shall be governed by the law of the Republic of Greece.

Norbert Dellcer SA was out of time for claiming against Lee & Solent because according to the Charterparty law. If any party need to claim about the quality, and other things must inform the other party within 6days and it comes under Greece law. This situation is so clear that Norbert Dellcer SA may not file any case against Lee & Solent in Greece courts. They have the chance to file it as arbitration in the court of London. However, David Benceau, a senior employee of Norbert Dellcer informed Lee & Solent about the damaged condition of ...