VIS COMPETITION SELECTION ROUND PROBLEM

АНКЕТА УЧАСТНИКА

Пожалуйста, заполните анкету, выполните задание и направьте по адресу электронной почты [email protected]

Пожалуйста, учитывайте, что участие в конкурсе является долгосрочным проектом (приблизительный период - сентябрь-апрель), поэтому оцените свой уровень мотивации. Будьте готовы к тому, что некоторые этапы конкурса требуют большей стрессоустойчивости. К сожалению, участие в конкурсе не всегда является уважительной причиной для пропуска занятий и не освобождает от сдачи зачетов и экзаменов.

VIS COMPETITION SELECTION ROUND PROBLEM

С.T. COMPANY V. NTS INC.

INSTRUCTIONS: You are the attorney for the Claimant (С.T. COMPANY) in this dispute. Claimant’s position is that 1) the United Nations Convention on Contracts for the International Sale of Goods (CISG) is applicable to the present dispute, and 2) assuming the CISG is applicable, that Respondent (NTS INC.) is liable to Claimant. Write a brief (which in arbitration practice is called a “Memorandum”) that makes the strongest arguments for Claimant (С.T.COMPANY) in support of these two positions, anticipating counter-arguments likely to be made by the Respondent. The Memorandum should be addressed to the arbitration panel hearing the dispute described below, should include a statement of the facts, and should be no longer that five double-spaced pages (not counting your cover page). A summary of the argument, bibliography and like preliminary matters are not necessary for this exercise, but your Memorandum should employ argument headings.

Provide citations for authorities that you use in the text of the Memorandum (no footnotes). ALL WORK MUST BE YOUR OWN (!).

С.T. COMPANY (“С.T.”), a manufacturer of hand-woven tapestries with its only facility in Oceanside, Equatoriana, sent its Vice President for Purchasing, David Strand, to the country of Mediterraneo to solicit the manufacture of 1000 square meters of Raw Tapestry Material (RTM). Both Equatoriana and Mediterraneo are parties (“Contracting States”) to the CISG. RTM consists of natural or synthetic fibers of a single color, usually off-white, that have been woven by hand into a backing.

The weaving process is delicate and highly labor intensive and is usually done only by skilled artisans. С.T.’s plan was to acquire the RTM and ship it back to the Equatoriana where it would be processed to meet the needs of its customers – luxury hotel chains.

While in Mediterraneo, David Strand met Mr. Billek, the owner of NTS INC., a company that employs local weavers. All of NTS’ operations and facilities are located in Mediterraneo, and it has been in business for approximately one year. Strand discussed his needs with Mr. Billek and the two came to an agreement on product and price. The relevant terms of the agreement were that NTS would produce the required 1000 square meters of RTM at a price of US $20.00 per square meter. Because NTS had as yet no adequate supplies of the necessary backing material, C.T. would provide it. NTS would provide the labor and the fibers that would be woven into the backing. Payment was due when the RTM was available for shipment. A written contract including these terms was drafted. Although the contract contained no choice of law clause, it provided that any disputes would be submitted to arbitration. Five days after the initial agreement Mr. Strand provided NTS with backing material that had been shipped by air from the Equatoriana. When the order was finished, Mr. Strand paid for the RTM and it was shipped to the Equatoriana. When the RTM arrived in the Equatoriana C.T. quickly discovered that the fibers NTS had woven into the backing were a synthetic material that did not meet Equatorianean standards for fire-retardant properties. As a result, the use of the synthetic material was not permitted in the Equatoriana (or in the European Union, for that matter), although it was sometimes used in Asia. C.T. immediately complained to NTS about the material and demanded its money back. When it received no response, C.T. initiated arbitration proceedings as provided in the contract.

As a main source for information CISG database can be used http://iicl.law.pace.edu/cisg/cisg (please, note, that after the registration on the website more information is available).

University’s library has “Commentary on the UN Convention on the International Sale of Goods” by Schlechtriem & Schwenzer, which is one of the leading authorities on the CISG.

Good luck!

Coaches of the Vis Moot team