Fiche exam :
Basic on private law :
Who : any supliers or buyer any company
When : when they have an international contract
Why : merchandising damaged, did not arrived, price , conflicts, anything that goes against what you expected
(La loie du talient) tu m’as fait quelque chose je te tue ca c’était au départ)
after : we ask advcices to the smarter man in the villages to solve the probleme
2) at the day of the contract you have to choose one of the methods
supplies have more obligation
buyer just pay
A) Amical stettlment
you are free to decide whatever you want ¡ you express it on the contract
you can change your mind
free choice , no country specifie the way you have to resolve the problem
you seek a solution in front of the court
formal process with judges etc... choose the country of ...
expensive and risquy (if its not your juridiction) cause you pay the flight, atorney etc... and you don’t know the law.
it hase to be a positive will : submit your conflicts against abitrators , choose the numbers of arbitrator choose 3 to obtain a solution : the more arbitrator there is the more its complicated .
an arbitrator is almost like a judge, but he is more he is more fair , nutral (neutre)
You have to specify it , its kind of private court
There is private and free arbitration.
SO you have to choose your arbitrators, and if they have to give decisions after each arbitration or two
2 types : institutional : you go in front of institute
ad hoc : you have a list and you choose arbitrators who will analyse your case. The same for the place of arbitration.
More and more firms use this process
You can’t go back when you engaged yourself in that process
You have to respect and follow the arbitrators have decided.
You’re not that free
The NY conventions : you recognize the following judgments but its not in every countries (france did)
Fighting all the time is not good for image....