ARBITRATION
Problems might occur in each and every contract. And luckily enough most times you might be able to solve these problems on your own and carry on doing business.
However there might be occasions when you are not able to solve your problems on your own anymore and might need assistance from outside. In international trade -and this is what the nut and dried fruit business is in most cases- asking national courts is hardly ever the best solution, when you are in need for assistance from outside.
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The reasons are multiple: |
·        Finding the national court having jurisdiction might be quite difficult, if you have not inserted any provisions in your contract. In this case the national court having jurisdiction has to be painstakingly determined by help of international law of conflicts. |
·        Even if you have inserted a provision in your contract stating that a specific national court has jurisdiction, it might become difficult. It might be that the provision inserted in your contract is in conflict with the international law of conflicts and is not valid for this reason. |
·        Assuming you have been able to ask the national court having jurisdiction, the procedure in any case will be in the national language. This might lead to the necessity of having documents translated, employing local lawyers being familiar with the national (procedural) law and asking interpreters to assist during the oral hearing. |
·        Assuming you have finally been able to obtain a judgement of a national court in your favor and the judgement remains unsatisfied and you are in need of enforcing the judgement in a country different from the one in which the judgement has been made: In this case the enforcement depends on the laws of the later country and it might well be that these laws do not allow any enforcement of foreign judgements at all or at least ask for certain requirements. |
