Arbitration Cases, Practice
PURPOSE AND SCOPE
In accordance with a contract , Seller, Buyer, Period of delivery, Quantity:
Seller executed the obligations after the giving of commodity in port of loading and to the grant of necessary documents, to what testifies:
- Invoice № for the amount of USD
- FCR - # dated ____ for the tonnage ____ MT.
Buyer partly paid as per invoice on ____ to the amount of ______ USD and on ______ to the amount of _________ USD
Coming from foregoing the Buyer did not execute the obligations in obedience to the terms of contract, namely:
- 100% contract value did not pay full amount within 3 days from the day of presentation of documents on _____. Delay of payment through fault of Customer from _____ till _______.
- did not pay fully charges for the transactions.
- did not present vessel for loading in contractual period of ________
- Did not inquiry for the extension of delivery as per FOSFA 53 point 12. EXTENSION: Buyers shall be entitled to an extension of the original contract delivery period not exceeding 15 days in which to provide suitable freight. Notice of such extension shall be given to Sellers as soon as possible but not later than the last business day of the original contract delivery period.
First letter. Our company as charterer executed all conditions of the agreement of chartering and your claims as a carrier not reasonable and not subject to satisfaction on next reasons:
Following a decision: CABINET of MINISTERS of UKRAINE, DECISION, From May, 12 in 2007 № 705. An ORDER of realization of review, inspection, analysis, fumigation and inspection (registration of phitosanitary and quarantine certificates) of adjusting objects is in the field of quarantine of plants.
MINISTRY of AGRARIAN POLICY of UKRAINE. ORDER. on Augusts, 23 in 2005 N 414
About claim of the phitosanitary rules of import from abroad, transportation within the limits of country, transit, export, to the order of processing and realization of subquarantine materials
In accordance with the article of a 11 Law of Ukraine About the quarantine of plants.
In obedience to Statute about Central scientifically - the experienced quarantine laboratory, zonal quarantine laboratories, regional and municipal quarantine laboratories" ratified by an order from 18.05.10р. №97 (document attached) point to a 9.10 regulating duration of realization of analysis in the flow of 3 days.
2 Samples, which presented to the laboratory for examination, must be selected, directly, by a government inspector from the quarantine of plants in accordance with DSTU3355-96 (document attached).
BILL OF LADING TO BE USED WITH CHARTER-PARTIES CODE NAME: CONGENBILL. EDITION 1994. ADOPTED BY THE BALTIC AND INTERNATIONAL MARITIME CONFERENCE (BIMCO)
Conditions of Carriage.
1 All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, are herewith incorporated. The Carrier shall in no case be responsible for loss of or damage to cargo arisen prior to loading and after discharging.
2 GENERAL PARAMOUNT CLAUSE.
The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment shall apply to this contract. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.
Trades where Hague-Visby Rules apply.
Charter Party (Lat. charta partita, a legal paper or instrument, divided, i.e. written in duplicate so that each party retains half), a written, or partly written and partly printed, contract between a shipowner and a merchant, by which a ship is let or hired for the conveyance of goods on a specified voyage, or for a defined period. A vessel might also be chartered to carry passengers on a journey. Also, a written contract between shipowner and charterer whereby a ship is hired; all terms, conditions and exceptions are stated in the contract or incorporated by reference.
A charter party is the contract between the owner of a vessel and the charterer for the use of a vessel. The charterer takes over the vessel for either a certain amount of time (a time charter) or for a certain point-to-point voyage (a voyage charter), giving rise to these two main types of charter agreement. There is a subtype of time charter called the demise or bareboat charter.
In a time charter, the vessel is hired for a specific amount of time. The owner still manages the vessel but the charterer givers orders for the employment of the vessel, and may sub-charter the vessel on a time charter or voyage charter basis.
The demise or bareboat charter is a subtype of time charter in which the charter takes responsibility for the crewing and maintenance of the ship during the time of the charter, assuming the legal responsibilities of the owner and is known as a disponent owner.
In a voyage charter, the charterer hires the vessel for a single voyage, and the vessel's owner (or disponent owner) provides the master, crew, bunkers and supplies.
US Law. (Note the US regime below can also be applied into charterparties or contracts of carriage subject to the laws of other jurisdictions.)
Incoterms 2010 FOB FREE ON BOARD (... named port of shipment)
FOB - Free on Board - (named port of shipment) means that the seller fulfils his obligation to deliver when the goods have passed over the ship's rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.
The FOB term requires the seller to clear the goods for export.
This term can only be used for sea or inland waterway transport. When the ship's rail serves no-practical purpose. such as in the case of roll-on/roll off or container traffic the FCA term is more appropriate to use.
A. The seller must
FOSFA CONTRACT 11 FOR OILSEEDS CIF TERMS. Revised and Effective from 1st September 20_ Reference Nos. SELLERS: BUYERS: BROKERS: Date:
Sellers have agreed to sell and Buyers have agreed to buy _ say _ tons of 1000 kilos In bags/bulk at. . . say. . . per ton of 1000 kilos net delivered weight, cost insurance and freight to . . as per Bill/s of Lading dated or to be dated during . . from . . Payment in. . . . for . . % as per Payment Clause.
If in bags, the seed shall be packed in fibre (excluding synthetic) bags suitable for export. If in bulk, Sellers have the option of shipping up to 15% in bags for stowage purposes. Costs of cutting and emptying to be for Sellers’ account.
1. TOLERANCE: Sellers have the option of shipping 2% more or less of the contract quantity to be settled at contract price. In the event of more than one shipment being made each shipment is to be considered as a separate contract but the tolerance on the mean contract quantity is not to be affected thereby.
2. QUALITY AND CONDITION: At the time and place of shipment, the seed shall be of good merchantable quality, in good condition and of the agreed description and specifications. Should the seed on arrival be sea or otherwise damaged or out of condition, this contract is not to be void, but the seed as well as the sweepings is to be taken with an allowance to be fixed by agreement or by arbitration.
3. SPECIFICATIONS: .........................
FOSFA. The Federation's contracts incorporate a dispute procedure involving arbitration by experienced individuals from within the trade.
LIST OF CONTRACTS AVAILABLE FROM FOSFA INTERNATIONAL.
FOSFA 2 Copra - CIF Terms
FOSFA 3 Sheanuts - CIF Terms
FOSFA 4 Oilseeds - FOB Terms
FOSFA 4A European Oilseeds - FOB Terms
FOSFA 5 Argentine/Uruguay Linseed - CIF Terms
FOSFA 9 USA/Canadian Flaxseed - CIF Terms
FOSFA 9A UK Linseed in Bulk - Ex Farm/Delivered Terms
FOSFA 11 Oilseeds - CIF Terms
THE GRAIN AND FEED TRADE ASSOCIATION. LIST OF CONTRACTS AND RULES
GAFTA 1. General Feedingstuffs Bags CIF TQ
GAFTA 2. Chinese Goods Bags Parcels CIF TQ
GAFTA 4. UK Produced Cakes/Meal
GAFTA 5. Pet Food Raw Materials Bulk/Bags CIF
GAFTA 6. Pet Food Raw Materials Bulk/Bags FOB
GAFTA 8. Locust Beans Bulk/Bags CIF TQ
GAFTA 9. Imported Feeding Meat Meal/Meat & Bone Meal Bags CIF TQ
PURPOSE AND SCOPE OF INCOTERMS 2010.
Group E Departure
EXW Ex Works
Group F Main carriage unpaid
FCA Free Carrier (... named place)
FAS Free Alongside Ship (...named port of shipment)
FOB Free On Board (... named port of shipment)