ARBITRATION

Arbitration

Table of Contents

Statement of Defense3

Introduction4

Facts4

Discussion5

Legal Arguments5

Parties choose the arbitrator or arbitrators6

Arbitration is Neutral7

Arbitration is a Confidential Procedure7

Arbitration Courts7

Contract Law in Business10

Breach of Business Contract10

Limitations on Damages11

Business Ethics and Contracts11

Law, Rights and Ethics12

Corporate Liability13

General Procedures of Imports13

Conclusion15

Reference16

Statement of Defense

In the

DIS Arbitration

No. DIS-SV-B-898/98

Nederlands Transcontinental N.V., Molengracht 12, 2508 CN The Hague, The

Netherlands

represented by: Mr. Pieter Stels, Attorney at Law and Head of Legal Department,

Nederlands Transcontinental N.V., address as above

(Claimant)

versus

Alpine Laseroptics Technologies, Sprünglistrasse 45, CH-8760 Zurich, Switzerland

represented by: Dr. Beate Mueller, Mueller Frey & Partner, Bahnhofstrasse 24, 8025

Zurich, Switzerland

Arbitration

Introduction

This paper has been written with regards to the context of the dispute between Nedtrans and ALT and a statement of Defense on behalf of ALT have also been drafted.

Facts

The company that is respondent is situated in Zurich, Switzerland. The company is specialized in producing the high long surveys for more than 20 years. These instruments are of laser optics the respondent has patent rights. These rights are for countries like Germany, Netherlands, and US. They are the leaders in manufacturing these instruments. They have exceptional quality. There competitor cannot compete them in the quality.

In the year 1997 march, two companies enter into a contract that will deliver 100 piece of AX-100 special. The conditions sent through the fax.

ARO focuses primarily on high damage threshold, tight tolerance thin film coatings and substrates, and supports system and instrument builders in a wide range of commercial laser applications.

The problem arises due to the Arbitration rule of Germany. In 1997 ALT Company get a fax from South Korean suppliers. Wang Hong from South Korea was responsible for the delivery of goods. Because of the economic crises Wang Hong was not able to deliver the items. When ALT contacted they came to know about the bankruptcy of Wang Hong. After that ALT negotiates with the Banana Computer he was also one of the best manufacturers. In the year 1997, the delivery date extended by Banana computer. The Climant agreed to the conditions. The Banana computer asked for 200% higher prices than Wang Hong. All the chain disturbed because it became unreasonable. The negotiation then started between the company has ALT suggested the NedTrans to agreed upon the sale price of 130%.

Discussion

Arbitration is a procedure by which a dispute is submitted, by agreement of the parties, an arbitrator or a tribunal of several arbitrators who issues a decision on the dispute that is binding on the parties. By choosing arbitration, the parties opt for a private method of dispute settlement rather than go to court. The main features of arbitration have been mentioned below.

The Statement of Defence should contain submissions on jurisdiction, applicable law and the merits.

The defendant is a company based in Zurich, Switzerland. It specializes in producing long-range precision surveying instruments for over twenty years. Devices based on special technology of laser optics, for which the defendant filed a patent in some jurisdictions, including Switzerland, Germany, Netherlands and the United ...