import contract from taiwan
Chandan Garg
(Querist) 27 August 2008
This query is : Resolved
We are importing some big machinery from Taiwan.
and in our contract the arbitration venue under arbitration clause is "Paris". Some one has suggested that the venue should be at Singapore
please tell where should the venue of arbitration be best for us in any international agreement. or it does not matter where ever it is?
thanks
Manish Singh
(Expert) 27 August 2008
the place of arbitration does not affect the arbitration procedure but you should chose such place which is convenient for both the parties.
Do remember to opt for applicable laws.
Srinivas.B.S.S.T
(Expert) 28 August 2008
Yes as my friend said the place of Arbitration will not effect he procedure all you have to take care is that under which convention applies/ you have chosen/mentioned in the agreement to be followed/govern by/the Arbitration procedure. I presume by your query that you might have misunderstood the Geneva and the Paris conventions for the places. Correct me if I am worng.
Chandan Garg
(Querist) 28 August 2008
i am not aware of these conventions the thing is the party is from taiwan and we from india..
i am also copying the relevant part of contract , pls tell what will be the best for us.
Article 21 – Disputes and Arbitration
This Contract shall be construed, governed and enforced in accordance with the laws of England.
Any dispute or difference arising between the parties hereto in respect of any aspect of this Contract or the interpretation construction or effect of the terms and condition of the Contract shall be finally resolved by arbitration under the rules of arbitration of the International Chamber of commerce.
Each party shall appoint its arbitrator with a neutral third umpire to be appointed in accordance with the said rules.
The venue shall be Paris. The language shall be English. The award given by the Arbitrators shall be binding on the parties.
Performance under the Contract shall be continued during the arbitration proceedings unless otherwise directed by the Buyer in writing or unless the matter is such that the performance can not be possibly continued until the decision of arbitrators or the umpire, as the case may be, is obtained. No payment due or payable by the Buyer shall be withheld on arbitration proceedings unless it is subject matter of arbitration.
Manish Singh
(Expert) 28 August 2008
Dear Chandan,
You have chosen the rules of ICC for arbitration.
Please change the venue and make it either India or Taiwan.
if possible change the clause which is as "This Contract shall be construed, governed and enforced in accordance with the laws of England".
H. S. Thukral
(Expert) 28 August 2008
I think Singapore shall be more convenient to both parties if India is not agreed upon.
Guest
(Expert) 28 August 2008
Most of the Businessmen dealing in Asia opt for Arbitration with ICC and they chose Tribunal at Singapore. Paris is place where the remittance for registration of dispute has to be made, so Chandan, by choosing ICC, you can opt for dispute resolution in Singapore instead of Paris, where the services are very expensive.
Chandan Garg
(Querist) 30 August 2008
it means that the venue as such does not matter because the same ICC rules are applicable all over world...
Chandan Garg
(Querist) 30 August 2008
thanks everybody for there share of knowledge
