Disadvantages of Litigations in Import Export Business

 


Basic Limitations of Litigation in International Trade


Disadvantages of Litigations in Import Export Business1. Slow Process:
Court process is proverbially slow, time consuming and formalistic.

2. Avoidable Necessity of Expert Witness and other Evidence: In international contracts, practices, procedures and customs are different. A judge however well versed may be, in law, can not be expected to know all these intricate matters. So, in courts, to educate the judge about these practices, witnesses who are experts and having knowledge in the field have to be produced to prove the practices, even before the evidence is established.

3. Inconvenience to the Parties: Court timing and date of hearings may not be convenient to the litigants. Most of the time, cases are postponed and in that process months drag on even for completion of one witness. Even after day's long waiting for hearing, one may know, at the end of the day, that the case is adjourned for two months due to non availability of the other advocate!

4. Adverse Public Image: Court proceedings are never secret. Media always covers the developments in important cases. Even the superior court judgments are published. Matters, which have been confidential till the case is brought to a court of law, become topics for public discussion that may bring notoriety, loss of goodwill and long-standing reputation.

5. Bitterness and Disruption of Trade Relationships: When a matter goes to a court of law, it is immaterial which party may win as the age old established relationship, after the case is brought to litigation in a court, comes to an end with only acrimony and bitterness.

6. Different Laws and Procedures: International trade laws and procedures are more complicated. Litigation in foreign courts is more expensive and difficult in comparison to the domestic courts.

 

 

Travelers to India under import duty exemption, Frequently Asked Questions Part 2

Triangular export

Triangular shipment

Types of Insurance Documents.

How to make DA mode of payment safe

How to make delay in delivery of Shipment?

How to minimize import cargo clearance time? An open logic proposal to WTO

How to obtain a duplicate BL, if original bill of lading lost.

How to obtain GSP - Certificate of Origin?

How to obtain Phyto sanitary certificate. What is phytosanitary certification

How to obtain waiver on detention/ demurrage on imported goods/container from Shipping company/CFS

Procedures to obtain GST registration for non-resident taxable person

Is digital signature option available under registration of GST in India?

Advantages of GST registration in India


Discussion Forum

You can also share your thoughts about this article.
Any one can answer on question posted by Readers