-
+1 - 312-224-1615
Get in touch with us
-
support@helpwithassignment.com
Send us an e-mail
Solution Library
Scenario Analysis: Business Dispute Arbitration
Question
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:
- 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.
Summary
The question belongs to Law, particularly to business law. It is about an oil refinery company and a contractor. According to their agreement, any dispute arising out of the contract had been arbitrated to the Regional Centre for Arbitration Kuala Lumpur. The details for this scenario have been given in the solution in detail.
Total Word Count 2409
WHAT OUR STUDENTS SAY
I was stuck with a strategic human resource management assignment when I first took help from HwA. The corporate strategy assignment expert was wonderful and since then I have taken assistance many more times.
Jackie Campbell Student
All the curves used to confuse me a lot. I was not getting any direction while all of my classmates were cruising through their Monopoly, Oligopoly market equilibrium assignments. Then my friend Judith introduced me to HwA and then I felt much better after taking their economics homework help. They helped me understand and also get good marks.
Laura Hammersley Student
I was badly stuck with my tax credit assignment solution when I came across HwA. I was happily surprised to see that this website has taxation experts from New Zealand itself and that uplifted my confidence in this. The assignments all got good feedback and now as I am pursuing my PhD also, I seek constant help from them.
Sapphire Barron Student
I never faced any problem with marketing management or finance. But with location strategy, I always suffered with the PERT and CRM based problems. I was unable to understand the concept of location strategies. When I came across HwA, I was relieved as they helped me overcome the horrors of location strategy and transformed my fear into a genuine interest.
Stuart Henderson Student
The most fascinating thing is how they actually respond to quick demand. It was a classic mistake! The actual deadline of my ratio analysis assignment was on 16th and I mentioned to them that it is 26th. Just when I had pinged them on 14th, they instantly delivered me the accounting homework by 15th evening. I was so relieved and thrilled to get a A in the same.
John Stanford Student
Comments
this is a very good website
I have 50 questions for the same test your page is showing only 28
hi can you please help or guide me to answer my assignments. thanks
hi can anyone help or guide me to my assignments. thanks
This solution is perfect ...thanks
Hello Allison,I love the 2nd image that you did! I also, had never heard of SumoPaint, is something that I will have to exolpre a bit! I understand completely the 52 (or so) youtube videos that you probably watched. Sometimes they have what you want, sometimes they don't! However, it is always satisfying when you are able to produce something that you have taught yourself. Great job!Debra 0 likes
Perfect bank of solution.
great !
thanks for the quick response. the solution looks good. :)
thnx for the answer. it was perfect. just the way i wanted it.
works fine.