Take an action in court, Business Law and Ethics

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 of Terengganu.

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:

(a) whether the Tribunal may determine if it has jurisdiction to hear and determine the disputes between the parties.

(b) if so, explain with reasons whether there is, in your view, an arbitration Agreement between A and B.

(c)  what, in your view, is the seat of the arbitration in this dispute

(d)  whether B may proceed with its action in Court.

Posted Date: 3/6/2013 1:19:23 AM | Location : United States







Related Discussions:- Take an action in court, Assignment Help, Ask Question on Take an action in court, Get Answer, Expert's Help, Take an action in court Discussions

Write discussion on Take an action in court
Your posts are moderated
Related Questions
Assignments should be submitted on or before the due date. Zero mark will follow late submission of an assignment unless you have an acceptable reason approved by the instructor.

Explain the term RECOGNITION RECOGNITION The term Recognition under international law means and involves the acceptance or acknowledgment of the existence by a State of an

Question 1: a. Social responsibility is the duty to do what is best for the good of society. Critically analyze the ethical obligations of a business are toward the society.

Legal Status:  A promoter is not an agent of the company he promotes.  However, the English courts have held that he stands in a fiduciary relationship to the company he promo

QUESTION 1 Explain the following words- 1. Promissory condition 2. Contingent condition 3. Condition precedent 4. Concurrent conditions 5. Conditions subsequent

Order of application of assets: The order of application of assets is therefore as follows: (a) secured creditors who have fixed charges are entitled to be paid out of thei

Contracts of Guarantee However a contract of guarantee or suretyship is such a contract through one person to answer that for the debt, such default or miscarriage of another.

Fraudulent concealment of a book: Hence it is nothing to him where dividends are properly or improperly declared, and provided he discharges his own duty to the shareholders.

what is void contract

There are certain legislations passed regarding state succession. For example, The continuance of legal Proceedings Act 1950; The Pakistan Currency Act 1950; The Pakistan