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Essay / Research Paper Abstract
This 4 page paper considers a fictitious case provided by the student where there is a dispute regarding terms of a contract. The first part of the paper looks at the issue of jurisdiction where a third country is specified with an arbitration court that does not exist. The second part of the paper looks at how the case may be assessed and who has the strongest case. The bibliography cites 4 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEgarthj.rtf
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Unformatted sample text from the term paper:
means that it is decided which countries laws will be those under which the contract will operate, and under which there will be any subsequent legal action. In this case
it is stated that the law is Garth law, but any arbitration will take place in Danubia with the rules of the German Arbitration Association. However, even where this is
stated in a contract it needs to be the right of the court to deny or refuse that jurisdiction. If this were not the case for powerful companies there may
be an issue of using the law of the relevant country that is most favourable, rather than that which may be most obvious or natural. The issue of Arbitration
is not straight forward, usually as a term of the contract both parties to the contract would be deemed to be equal and as such the contract terms that they
agreed to is binding, as long as the court itself will accept jurisdiction (Ivamy, 2010). The problem is that the German Arbitration Association does not exist, as such a non
existent body cannot arbitrate, There is a German Institute of Arbitration that deals with international arbitration and it appeal highly likely that the issue was a simple translation mistake, but
this does open the door for there to be an appeal by the defendant and the German Institute of Arbitration may decline jurisdiction.
To consider the appropriate jurisdiction we can consider the doctrine of forum non conveniens. The idea behind this doctrine is that there can be seen as more natural court
for the case to be brought before than the court where the case is being heard (Magaisa, 2001). There are many ways that this may be argued, and in most
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