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
What is the meaning of Policy process planning We shall see a step wise guide applied in actual policy formulation. It will pull you out of the jungle of technical interconnect

what is the importance of law enforcement and the legal profession as service industries?

Domestic Agency of Necessity However a married woman that has been actually or constructively deserted through her husband has authority on common law to take necessities at c

1.(a) identify and give out the explanation of different categories of legal system. (b) How is legal system in bznz enforce

Disadvantage of a scheme of arrangement: The disadvantage of a scheme of arrangement is that it requires the preparation of elaborate documents and the observance of a strict

Firm Name - Partnership Law Lawfully the firm name is simply a convenient way about alluding to the existing partners.  However an authority to lend to a firm does not aut

Dissolution by the Court Conversely Section 39 of the Act prescribes the state of affairs that the court will decree the compulsory dissolution about a partnership. They are: li

Trade Unions - Unincorporated Associations Therefore these are registered under S.11 of the Trade Unions Act 1952 into the primary object of regulating the relations between e

Question 1: ‘There has been considerable development from the time of the Industrial Associations Ordinance 1938 to the present time of the Employment Relations Act 200

Delays: However certain standard defences knows as "essoins" caused considerable delay earlier than a case could be heard.  Now for a certain condition like the hearing of a c