7611LAW International Commercial Litigation Assignment Answers Help

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7611LAW International Commercial Litigation Assignment Solutions

 

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Question 1

The United States of America is one of the forums perceived by scholars as providing incentives for parties to engage in forum shopping. Why is this so?

 

Question 2

Chateau, a French wine company, entered into a contract with World Cargo Limited, an Israeli air-freight company, to deliver wine to Chateau’s retailers in the United States of America. The parties agreed to a choice of courts clause nominating the Singapore International Commercial Court as the forum for resolving all disputes. Unfortunately, World Cargo Limited failed to deliver the full consignment of wines to the retailers in United States. Chateau intends to commence proceedings in Singapore in accordance with the choice of court clause.

  • Will the intended proceeding fall within the scope of the Hague Convention on Choice of Court Agreements?
  • Before Chateau commenced proceedings, World Cargo Limited initiated proceedings before an Israeli court for a declaration on non-liability. Assuming the dispute falls within the scope of the Convention on Choice of Court Agreements, can Chateau rely on the Convention to stay the proceedings in Israel and enforce the choice of courts clause nominating Singapore?

Support your answers with relevant sources of law.

 

Question 3

The Singapore International Commercial is a unique court because of its hybrid nature. What are some of its distinguishing features?

 

Question 4

Origin Oil, an Australian Company, enters a contract with Maersk, a Danish transport company, to transport pipes from China to Australia for its new pipeline facility. The contract contains the following dispute resolution clause: ‘all disputes between the parties shall be referred to arbitration at the Dubai International Arbitration Centre.’ The pipes are flown to Australia by plane and during the flight, the pipes break loose and are damaged. Origin Oil commences proceedings for breach of contract in the Federal Court of Australia.

  • On what grounds, if any, can Maersk seek to stay the proceedings? Are there any grounds on which Origin Oil can challenge a stay of proceedings?
  • What would happen if the pipes were shipped by sea to the Port of Melbourne instead of transported by plane? Would your answer change?

Support your answers with relevant sources of law.

 

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