Tuesday, November 16, 2010

international arbitration

contracting party, you need to know who will be responsible for complying with the government exporting the products from the seller's country. Your contract should identify whether the other party will be responsible for compliance and for the payment of costs. Depending on preliminary research has revealed, the terms of your contract should cover the following issues. ? PROCUREMENT party will procure any necessary export licenses? 9 the seller is given this responsibility because the seller is likely to be the most familiar export requirements of his or her own country. However, the buyer may need to assist if is unsophisticated or is financially unable to procure an export license. ? COSTS party will pay for the export license? the export license is a one-time deal and must be obtained for each shipment exported, the the license is usually negotiable between the parties. One party may agree to pay the cost incentive toward the foreign purchase. As another alternative, the parties may agree to cost. If the export license can be reused for more than one shipment, the cost is usually the seller who will benefit from the reuse. ? WITH EXPORT RESTRICTIONS the dispute resolution are subject to export restrictions—including packaging, labeling, marking, other pest control treatments, or inspections—which party will be making the arrangements? seller is usually responsible for arranging compliance with export restrictions or inspections seller is more familiar with the requirements, and compliance will often need the in making the dispute resolution available. ? OF COMPLYING WITH RESTRICTIONS party will be obligated to pay the costs of complying with export restrictions or inspections? is no hard rule as to which party will pay the compliance costs. It is negotiable. If the import costs are comparable, the seller may pay for exporting and the buyer may pay If these costs are imbalanced, the parties may consider totaling the costs and As another option, one party may pay all of the costs as part of the incentive for deal. ? FEES AND TAXES party will be obligated to pay export duties or other government-imposed fees or exporting?

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