+1-415-670-9189
info@expertsmind.com
Determine the disputes between the parties
Course:- Business Law and Ethics
Reference No.:- EM13825174




Assignment Help
Expertsmind Rated 4.9 / 5 based on 47215 reviews.
Review Site
Assignment Help >> Business Law and Ethics

Problem:

A is a Malaysian contractor in the oil and gas business. B is a large British oil exploration company. By a written Contract, B appointed A in January 2008 to maintain B's offshore platform for a period of 3 years. The platform is just off the coast ofTerengganu. The contract between A and B states that, "Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the Rules for Arbitration of the Regional Centre for Arbitration Kuala Lumpur by three Arbitrators appointed in accordance with the rules. The place of Arbitration shall be Switzerland". By letter dated 31.12.2009, B terminates the contract with A, stating that the termination was due to unsatisfactory work performed by A and that B has incurred various costs rectifying A's shoddy work. A issued a Notice of Arbitration in January 2010 pursuant to the arbitration agreement in the Contract and claims for loss of profits as a result of the termination of the Contract. B however, has filed a claim in Court against A for breach of Contract and for damages related to the costs it says it suffered as a result of the shoddy work. At the Preliminary meeting with the Tribunal, it was discovered that the Contract was in fact not signed by B although both parties performed their obligations under the terms stipulated under the written document (the Contract) from January 2009. On this ground, B challenges the Tribunal's jurisdiction to hear and determine the dispute on grounds that there is in fact no Contract (and therefore any arbitration agreement) between A and B. Based on the aforesaid facts, discuss the following:

  • Whether the Tribunal may determine if it has jurisdiction to hear and determine the disputes between the parties. if so, explain with reasons whether there is, in your view, an arbitration Agreement between A and B. what, in your view, is the seat of the arbitration in this dispute whether B may proceed with its action in Court.
  • If so, explain with reasons whether there is, in your view, an arbitration Agreement between A and B.
  • what, in your view, is the seat of the arbitration in this dispute
  • Whether B may proceed with its action in Court.

Additional Information:

The question is from Law, particularly to business law. It is about the oil refinery company and contractor. According to their agreement, any dispute arising out of contract had been arbitrated to the Regional Centre for Arbitration Kuala Lumpur. The details for this condition have been given in the solution in detail.

Total Word Limit: 2409 Words




Put your comment
 
Minimize


Ask Question & Get Answers from Experts
Browse some more (Business Law and Ethics) Materials
Are laws related to oil and gas development sufficient? Do they protect the environment? Do they encourage industry? Include any personal or work experience that you have r
What is the policy behind requiring defense attorneys to zealously represent guilty person? Do you believe that a defense attorney should be required to zealously represent a
Discuss the crime of false imprisonment. Next, debate whether or not the suggested change in Question 3 would allow the court to convict the attacker in order to punish him.
Eric Thompson and his fiancée, Miriam Regalado, worked for North American Stainless in Carroll County, KY. Miriam Regalado filed sexual discrimination charges with the EEOC ag
The Sheriff wants to know what she should do now. Can she detain the officer? Can she question him? Does she have to give him any rights? Did she have a right to search his
A college student furnished a carpenter with a unique design for a bookshelf to be built in her dorm room. What are the rights of the carpenter, if any, against the college s
Your obligation to this case is to write a report to the judge on the inmate's progress in prison. The inmate is eligible for early release because of good behavior. Bound b
In a 3-5 page paper, identify one federal and one state (FL) law that was created in response to the problems of domestic abuse. Explain the law in detail and its overall ef