Dispute settlement in export import trade

Settlement of disputes


Dispute settlement in export import tradeIn international trade, most of the business is transacted on the basis of written orders and well-drafted contracts. Notwithstanding the clarity of the detailed clauses, occurrence of disputes cannot be totally ruled out. Contract should have a clear clause for the mechanism for settlement of disputes. Referring the matters to arbitration is the most acceptable solution as it is least expensive, with minimum strained relationship. Above all, both the parties have faith in him. Venue of the arbitrator and applicability of the law are very important issues as both the exporter and importer may insist their own country and law for arbitration. Arbitration clause should be comprehensive enough dealing with these issues in the contract.


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Mayank Singh: Dear Discussion Forum, We are a Pvt Ltd company in Delhi, who has exported Onion to Sri Lanka, But after more than 2 months, buyer is not replying or making payment against pyt terms cash on delivery. Please advise to take strongest actions.. Thanks

easwar: I am writing to you from Chennai. I got a friend in Korea who called and asked a query, which I thought I can check with you as I could not find the document in the Customs manual or even on their website. My friend's company in Korea had sent some goods to a buyer in India, and some dispute has happened between the buyer and the seller (do not know the nature of dispute). The Indian buyer did not clear the goods and the Korean company has wanted to sell it to others. Apparently the freight forwarder has asked for NOC from the buyer, who seem to have refused to give the same. My friends wants to know which customs circular/trade notice requires such NOC from the buyer? Can you please help is sharing the circular? Please do let me know if you want to charge for the same

ankur: I'm a regular reader on your website. Great efforts have been put in by you in terms of disseminating of information on Export-Import. Really appreciate it. Was wondering in your experience, what are the top challenges that any importer/exporter from India faces? Would love to speak sometime.

gugan: We have an unique scenario , wherein the Principal Places an PO and opens an LC to Indian Pipe Supplier at Mumbai. Pipe supplier needs to send the materials (pipes and fittings ) to one more party located at Hosur for value addition. Kindly Note there exists a separate PO between Principal to the party at Hosur for value addition . Similarly other few supplies are made to the Hosur party and finally a value added component needs to be exported to Indonesia from chennai. Here the exporter is the Hosur party .There comes the complication on how to proceed about it , I understand sending inputs or goods without paying GST to a job worker and in turn to a job worker is permitted , but when it comes to export what are all the documents needed ?

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