international business litigation

there is no "typical" arrangement for payment. The same considerations apply for these as for the costs of complying with export restrictions or inspections. Delay or Failure 0 CHM Converter Trial version, http://www.processtext.com/abcchm.html important export issue that is often neglected in international contracts is the risk involved if are not met, whether timely or at all. Both parties are at risk if the export fails—the have to absorb costs for in preparing the dispute resolution for export, shipment, and sale overseas, and may have to assume amounts spent in presale promotion, importing and receiving consumer sale compliance, unless the buyer can obtain replacement dispute resolution, often at If the export is delayed, both parties are likely to incur additional labor, storage, shipping, costs. of failure or delay in exporting is made more complex by the question of fault. Did the seller wrong labels? Did the buyer change the order just before shipment? Was the failure or delay factors beyond the control of either party? In international contracts, there is a significant involved. Governments and economies are intertwined, and the right to export is therefore the relationships between the governments of the exporting and importing countries. Your anticipate the risks involved and should establish the rights and obligations of the parties sure to consider provisions for the following issues. ? TIMELINESS is considered a "timely" export? contract should provide a time for export or a means for determining that time. If no time is reasonable time may be implied, but "reasonableness" is a subjective standard that in a dispute because one party is dissatisfied with the other's choice of a "reasonable" if a reasonable time is implied by a court, both parties may be dissatisfied by the of reasonableness. ? DEFAULT failure or delay in exporting is caused by one party, what will be that party's obligations will be the other party's rights? contracts take a hard approach to a failure or delay in exporting caused by one party: it is ground for termination of the contract, and the party at fault owes damages, actual or the other party. The hard approach may be softened a bit by requiring the party not to mitigate the damages by taking reasonable steps, such as by diligently seeking a or purchase. Assuming that the parties would rather complete the sale than transaction, most contracts also give the party at fault a short extension of time within rectify the problem and to complete the contract, perhaps with a comparable allowance caused by the delay.