QUESTION: It has been said that an award of damages is one of the most frequently sought remedies in international arbitration. Further, that the principles governing the entitlement to and calculation of damages may give rise to several issues. Discuss the main issues that may arise in practice when advancing or defending claims for damages in international commercial arbitration.
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- Determine the buyer’s and seller’s responsibility in a commercial transaction. Unvergleichbar Gesellschaft AG, based in Bremen, Germany buys raw diamonds from Diamants Stornoway based in Longueuil, QC, under the following terms: Terms of sale: DPU Flughafen Frankfurt am Main, Deutschland, Incoterms 2020: a)On his way to Europe, over the Atlantic Ocean, the airplane disappears from the radar and never arrives in Germany. Who bears the risk?Business law discussQuestion 5 With reference to the English Legal System: a) Explain, identify and illustrate three rules of statutory interpretation. b) Explain mediation and arbitration as alternative methods of resolving civil disputes and the advantages of these alternatives compared to taking action through the civil courts. c) Identify and explain the key differences between Civil & Criminal Law.
- Draft a bilateral contract using the following facts: Alice Parent wishes to hire Betty Chuckles to perform as a clown during her son's birthday party. Betty charges a fee of $150.00 to performWhich of the following does not apply to arbitration? 1. Neutral third party provides the parties with a decision on who prevails in the dispute 2. Takes place in a hearing which is similar to a court setting but less formal. 3. Neutral third party assists the parties in coming to a resolution of their dispute 4. Form of ADR4. What is the memorandum of settlement? Management's agreement to bargain with the union in good faith The union's agreement to bargain with management in good faith The signed collective agreement that has been ratified by both parties as well as their constituents A summary of the terms and conditions agreed to by the parties
- FAA grants regulatory relief to: those operatoros that the FAA indicates the operator or person is in need of FAA order changes an operator from specific Federal Acts that they fail to comply with an operator from certain regulatory requirements to use an alternate means to meet that requirement those operators that have petitioned the FAA for changes to the regulationBrandy's, a national candy store chain, decides to open both a coffee house and ice cream shop within their stores to create a multi-faceted experience for shoppers. The company decides to enter into deals with two well-known retailers — The Beanery and Creamy Creations. As stipulated in their respective contracts, The Beanery and Creamy Creations cannot enter into the same type of agreement with any other candy retailers. All three companies will enjoy greater sales, and ultimately profits, from the arrangement. This is most likely an example of a(n) ________ marketing system.A) directB) administered verticalC) corporate verticalD) contractual verticalE) horizontalINCOTERMS, as the universally recognized international trade terms that define trade contract responsibilities and liabilities between buyer and seller, do not include the following: O CIF O FOB O USCMA Both, FOB and CIF
- Arbitration and Negotiation for a major organizationMediation and Arbitration are 2 types of Alternative Dispute Resolution Procedures. Define and describe each.Paragraph 1 (1) Minimum Wage The Law on the Posting of Workers extends certain collective agreements to employers established outside Germany and to their workers posted to Germany. That provision is worded as follows: The legal rules resulting from a collective agreement governing the construction industry which is declared to be universally applicable ..., which relate to minimum pay, including pay for overtime ... shall also apply ... to an employment relationship linking an employer established outside Germany and his employee working within the territory covered by that collective agreement. ... [T]he collective agreement on the minimum wage provides that the minimum wage consists of the hourly pay provided for by that agreement and the bonus granted to workers in the construction industry, which together make up the total hourly pay under the agreement. ... [A]llowances and supplements paid by an employer, with the exception of the general bonus granted to workers in the…