International Economic Law Case Analysis Questions

Case 1:

A

Guoyi Company exported Thai fragrance to

B

Guoyi Company meters and signed a

FOB

contract.

A

The Chinese company applied to the inspection agency for inspection before loading

the ship. The inspection result was that the goods met the quality requirements of the contract.

A

The Chinese company promptly sends the shipment notification to the

B

Chinese company after the shipment

Notice,

However, due to excessive waves during the sea voyage,

the rice was soaked in sea water

and the quality was reduced. After the goods arrived at the destination port,

B

Chinese company required

A

Chinese company to compensate for the price difference.

Question:

A

Should Chinese company be responsible for the above losses? If this contract is concluded in

CIF

terms or

CFR

terms

, the rice is soaked in sea water Who will bear the risks and losses? (

15

points)

Answer points: The seller shall not be responsible for the risk losses suffered by the goods during transportation. The risk shall

be borne by the buyer. (

5

points) According to

Inconterms2000

, in

FOB

In the terminology, the seller only assumes

the risk before the goods cross the ship's rail, and the risk after the goods cross the ship's rail is borne by the buyer, unless the seller

the goods do not meet the requirements at the time of delivery. Contractual requirements.

(

5

points) if

CIF

or

CFR

The transaction is concluded in terms of CFR, and the seller is also not responsible for the risks and losses suffered by the goods during transportation. According to

Inconterms2000

, in

CIF

or

CFR

In terms,

the seller only bears the risk before the goods cross the ship's rail.

The risk after the goods cross the ship's rail

is also borne by the buyer, unless the seller The goods do not conform to the contract requirements on delivery. (

5

points)

Case 2:

The shipper Maxine Boots and Shoes Company exported a batch of goods,

Transported by the carrier Canadian Government Commercial Shipping Lines

. After the goods are loaded onto the ship, the carrier issues a sea bill of lading to the shipper. The back of the bill of lading contains clauses that apply to the Hague Rules. However, a fire broke out before the ship sailed, causing damage to the cargo. After investigation, it was found that the fire was caused by the negligence of an employee authorized by the captain when heating the drainage pipe.

The shipper requires the carrier to compensate for the losses caused by the failure

to deliver the goods. (

10

points)

Answer key: The carrier should compensate (

5

points) , due to failure to make the ship seaworthy before and at the time of sailing.

(

5

points)

Case 3

:

2005

The exporter of country A

Company A

signed an agreement with the importer of country B

Company B

A

FOB

contract was signed,

the contract stipulated

that

A

The company sells 1000

tons of rice to

B

company.

A

Company loaded

3000

tons of bulk rice onto a ship at a port in country A,

And instruct the carrier

C

Company, after the batch of rice arrives at the port of destination in Country B

, < /p>

1000

tons will be handed over to

B

Company, and the rest

2000

tons to another consignee. However,

C

the company's ship suffered an accident during transportation

The income of Shanghai Sewage Treatment Co., Ltd. is the source of repayment funds, and the company's assets are used as the source of repayment funds. Guarantee; if the loan is a limited recourse loan, in addition to the above-mentioned proceeds and guarantees, a third party other than Shanghai Wastewater Treatment Co., Ltd.

is generally required to provide a guarantee.

(

4

) Which of the above registered capital and project loans can be obtained from

MIGA

Insured? What types of insurance can be purchased?

Answer: The registered capital invested by Berlin Water Purification Plant and the loan guarantee provided can be insured with

MIGA

. Details can be

Insure against expropriation and similar measures, war and civil strife risk, foreign currency exchange risk, and default risk.

Case 11:

A Chinese export company and a foreign import company in

2001

3

A contract for the sale of dried bamboo shoots was signed on the 30th of the month

.

The provisions of the contract

adopted

CIF

Term, destination port is New York,

4

month

15

Ship and ship the goods in advance, and provide relevant documents in a timely manner. China Export Company will ship the goods on

April

10

. Due to weather reasons, usually only

>

The 10-day voyage actually took

20

many days, and the goods arrived on

5

Arrive at the destination port on

Month

1

. China Export Company delivered the relevant documents on May 10

. Due to being at sea for too long, the cargo became moldy.

(

1

) Did the Chinese export company violate the contract? Why?

Answer: China Export Company committed a breach of contract because it failed to deliver documents in time, and timely delivery of documents is one of the important obligations of China Export Company.

(

2

) Is the Chinese export company responsible for the mildew of the goods? Why?

Answer: China Export Company does not bear responsibility. Because according to

CIF

terms, the risk is transferred from the seller to the buyer when the goods cross the ship's rail. In this case, the risk of goods including mold has been transferred from the Chinese export company to the foreign import company.

(

3

) Assume that the contract stipulates that "the goods will arrive at the destination port of New York no later than

2001

Year

4

month

30

day”.

Which obligation did China Export Company violate?

Answer: The Chinese export company violated its obligation to deliver goods within the specified time

Case 12:

Both Country A and Country B

< p>A party to the United Nations Convention on Contracts for the International Sale of Goods

.

Country A

A

Company and Country B

B

Public Company

The company signed a contract to import

100

tons of sugar from

B

Company. The contract uses the

FOB

terminology of the

2000

International Trade

Terms Interpretation General Principles , and agreed that the payment method is collection. Thereafter,

Company A

and the carrier

Company C

signed a maritime cargo transportation contract

(

The contract of carriage shall be governed by

The Hague Rules

)

and to

p>

D

The insurance company

insured Ping An Insurance. The carrier's

E

arrived in country B on time for loading,

B

The company provided the goods that met the contract requirements

goods.

While

E

was sailing to the destination port in Country A,

the ship was struck by lightning and a fire broke out.

Although the fire

was put out later, most of the sugar had melted.

B

Company entrusts the bank to collect payment from

A

company,

A

The company however

refused to pay on the grounds that the goods had been damaged.

Question: Who should bear the loss of goods in this case

Why

Answer: The loss of goods in this case should be borne by buyer country A

A

The company is responsible.

Because:

(1)

The goods in this case were struck by

lightning

(

Natural disaster

p>

)

Causing most of the sugar to melt

(

Separate average loss

)

, this is not covered by Ping An Insurance,

So the insurer does not need to bear responsibility for the loss of goods;

(3

points

)

(2)

The cargo was damaged due to lightning strike,

the carrier was not at fault,

therefore No responsibility is required;

(3

points

)

(3)

Selection of sales contract in this case

FOB

Trade term, under which the risk of the goods is transferred when the goods pass the ship's rail at the port of shipment, and the loss of the goods occurs after the risk has been transferred. , therefore the damage to the goods in this case should be borne by the buyer.

(4

Points

)

Case 13:

my country

A

Company and a foreign company

B

company in

1992

A

CFR

contract for the purchase of chemical fertilizers was signed on the 20th of

October

.

A

The letter of credit issued by the company stipulates that

the shipping period is

1993

1

Month

1

Day to day

i

Month

10

Day.

Because

B

Company

failed to dispatch the chartered freighter on its way to the loading port,

As a result, loading was carried out to

1993

year

1

month

20< /p>

It will be completed in a day

. Upon accepting

B

's letter of guarantee, the carrier issued a bill of lading consistent with the terms of the letter of credit.

B

Company

went through the foreign exchange settlement procedures with the bank based on this document,

Company A

The redemption order was also paid successfully. According to the loading date stated on the bill of lading

it is estimated that the ship will be shipped

2

month

10

Arrived at the destination port on the same day,

A

The company has arranged some work to receive the goods,

but the ship did not arrive at

It arrived at the destination port on the 25th of February

. At this time, the price of fertilizers fell, so that

A

The company

sells fertilizer at significantly lower prices.

On the other hand,

since the consignee has made arrangements for transportation and

warehouses to receive the goods, the delay in the arrival of fertilizers at the port has also caused The consignee suffers losses in this regard.

Question:

(1)

When the contract of carriage in this case is adjusted by the Hague Rules or the Hamburg Rules, the carriage

Whether the liability borne by the person will be different

(2)

If in this case

A

the company is insured against all risks, the insurance Should the company be liable for compensation?

(3)

Is the bank responsible in this case?

Answer:

(1)

p>

Different. Because there is no liability for transport delay under the Hague Rules,

the Hamburg Rules should

bear liability for delay, but in any case, the carrier should bear liability for breach of the charter party. And bear joint liability with

A

company for joint fraud.

(3

points

)

(2)

Insurance companies should not be held liable. Loss caused by a drop in the market price of the goods is excluded.

(3

points

)

(3)

The bank has no responsibility, because the single agreement The documents are consistent.

(4

points

)

Case 14:

2007

On April

April

May

, China Jiahe Import and Export Corporation sent a telegram to a trading company in the United States to< /p>

FOB

Conditions

Export a batch of porcelain to the United States with a total price of

1 million US dollars

, pay the price with an irrevocable documentary letter of credit

.

April

On the 11th

11

I received a reply from the American trading company, agreeing to purchase, but asking for a price reduction to

>

900

USD. China

China Jiahe Import and Export Company notified the other party by telegram on April

15

that it agreed to its Requested, American Trading Company received this telegram on April

April

17

day

.

Subsequently,

China Jiahe Import and Export Company transported the goods to Shanghai Port,

and handed them over to a Chinese ocean shipping company

For transportation, the entire batch of goods is packed in three containers.

4

Month

5

When the carrier ship was sailing on the high seas,

due to the negligence of the crew ,

A fire broke out on the ship.

One container consigned by China Jiahe Import and Export Company was burned

by fire, while the other two were intact.

The goods were shipped to New York Port on May

11

, but the American company refused to accept the goods

property and filed a claim against the Chinese export company, and both parties sued to the Chinese court.

I would like to ask, based on the above case facts:

(1)

Whether the United Nations Convention on Contracts for the International Sale of Goods can be applied to the contract dispute between the parties

< p> (2)

According to relevant legal provisions, when was the contract established?

Why

(3)

China Export Should the company handle transportation insurance for this batch of porcelain

(4)

According to

FOB

delivery conditions, the risk of the goods When is it transferred from the seller to the buyer?

Answer:

(1)

Can be applied. This case falls within the scope of application of the United Nations Convention on Contracts for International Goods.

(2

points

)

(2)

Contracted on

Established on April 17, 2000

4

. According to the provisions of the Convention, the contract will take effect on the

arrival principle, that is, the American Trading Company

4

month

17

p>

The contract is established when the other party's telegram is received on the day.

(2

points

)

(3)

Based on

Under FOB

terms, the seller, China Export Company, has no obligation to apply for transportation insurance and has no obligation

to bear the insurance premium.

(3

points

)

(4)

Based on

Under FOB terms, the seller, China Jiahe Import and Export Company, bears all risks of loss or damage to the goods until the goods have crossed the ship's rail at the designated port of shipment.

(3

points

)

Case 15:

In an entrepot trade, Yamashita Company of Japan and China

B

Company signed a sales contract, which stipulates that Yamashita Company of Japan will sell goods to China

B

The company sells a batch of machine tools. When signing the contract, China

B

Company clearly told the Japanese side:

These machine tools will be re-exported to Turkey and used in Turkey.

After the contract is signed,

during the performance

of the contract,

for some reason,

These machine tools were not re-exported to Turkey as originally planned, but were re-exported to Italy.

When the batch of machine tools arrived in Italy,

an Italian manufacturer discovered that the manufacturing process of the batch of machine tools

infringed on two of its patents. ,

Therefore, a request was made to the local court in accordance with its domestic patent law,

requesting the court to prohibit

the use or sale of these machine tools in Italy,

p>

Also claim damages.

According to subsequent investigation,

These machine tools

did infringe two patents of the Italian manufacturer.

These two patents All are approved and registered in Italy.

When

Chinese

B

Company found Yamashita Company of Japan and asked it to bear liability for breach of contract.

,

Japanese Yamashita Company refused to assume liability for breach of contract on the grounds that it did not know that the batch of machine tools would be re-exported to Italy when signing the contract.

A dispute arose between the two parties

. Question: Should Central Japan Yamashita Corporation be liable for breach of contract?

Why

Answer: Central Japan Yamashita Corporation should not be liable for breach of contract.

(2

points

)

Because according to

1980

According to the provisions of the United Nations

Convention on Contracts for the International Sale of Goods, the seller's intellectual property guarantee obligations for the goods sold only extend to the country in which

the buyer's place of business is located and is known to the seller at the time of the conclusion of the contract. The goods are pre-sold or used in a third country.

(3

points

)

In this case

, because Japan Yamashita Company entered into At the time of the contract, it did not know or predict that the batch of machine tools would eventually be used in

Italy. Therefore, in accordance with the provisions of the Convention, the batch of machine tools infringed Italy by being re-exported to Italy

Regarding the consequences of intellectual property rights of third parties in Italy,

Japanese Yamashita Company will not be liable for breach of contract.

(5

points

)

Case 16:

Country A

< p>A

Company

(

Buyer

)

With Country B

< p>B

Company

(

Seller

)

Signed an imported fruit contract, price conditions For

CFR

, the inspection certificate at the port of shipment is used as the basis for negotiating payment, but it is agreed that the buyer has the right to re-inspection at the port of destination.

After passing the inspection at the port of shipment, the goods will be handed over to

C

Company for transportation.

Due to the outbreak of the epidemic in Country B at that time,

When the ship arrived outside the port of destination in Country A,

the relevant authorities of Country A Fumigation and disinfection were carried out, and the work was carried out for several days.

Later,

A

The company found that the batch of fruits was completely rotten during re-inspection at the destination port.

Excuse me:

(1)

According to the Hague Rules

, the carrier

C< /p>

Should the company be liable for compensation

Why

What

(2)

In

CFR

Under the conditions, should the seller or the buyer sign the insurance contract

(3)

Under

CFR< /p>

Under the conditions, should the seller or the buyer pay the insurance premium

Answer:

(1)

Based on the "Hague Rules"

p>

, the carrier should not be liable for compensation,

(3

points

)

because it enjoys< /p>

Have the right to be exempted from liability due to quarantine restrictions.

(3

points

)

(2)

at

Under CFR

conditions, the buyer should sign an insurance contract.

(2

points

)

(3)

at

Under CFR

conditions, the buyer should pay the insurance premium.

(2

points

)

Case 17:

2004

Year

May

May

August

A Chinese company signed a contract with a Korean company to order electronic components

p>

5

10,000 sets,

FCA (

A port in South Korea

)

Price conditions,

2004

year

11

month

7

Delivery will be made on Monday

9

, and the contract shall be governed by the United Nations Convention on Contracts for the International Sale of Goods

. If Contract disputes shall be settled by arbitration by the China International Economic and Trade Arbitration Commission.

Later, due to the decline in the prices of such electronic products, on June 20 of the same year, Chinese companies and South Korea

The company changes the order to

4

million sets, and the product price remains unchanged.

2004

Year

Eleven

Month

8

Day, South Korea The company delivers the goods

to the carrier designated by the Chinese company.

On November 11

25

, the Chinese company received the goods and discovered that the Korean company had

The delivery amount is still 50,000 sets.

Question:

(1) What is the Chinese name of FCA

In this case, when did the risk of the goods transfer from the Korean company? To Chinese

Company

(2)

Chinese Company

11

Month

< p>25

I received the goods on the 25th. Can I hold the Korean company accountable for failing to deliver the goods on time

Its liability for breach of contract

(3)

Can Chinese companies charge the overpaid 10,000 sets of electronic components at market prices

(4)

< p>If there is

1

.

5

Ten thousand sets of products are unqualified,

Chinese companies want to return unqualified products to Korean companies,

then

p>

What measures should the Chinese company take for this part of the product before actually returning it to the Korean company

Relevant costs

Who should bear it

( 5)

If the Korean company refuses to enforce the effective arbitration award after the dispute between the two parties has been arbitrated, how can the Chinese company

enforce the award in South Korea

What is the legal basis?

Answer:

(1) FCA

is the delivery carrier. The cargo risk in this case started from

Z004

year

11

month

8

< p>Japanese and Korean companies

The risk transfers when the goods are handed over to the carrier designated by the Chinese company.

(2

points

)

(2)

No, because Korean companies have stipulated Deliver the goods within the delivery period.

(2

points

)

(3)

Chinese companies can charge more than the market price Delivered

l

10,000 sets of electronic components.

(2

points

)

(4)

The cost of preserving the goods shall be borne by the Korean company .

(2

points

)

(5)

The award shall be made in accordance with the New York Convention South Korea was implemented.

(2

points

)

Case 18:

An import and export company in Shandong and a certain A foreign company entered into a contract to import urea

5,000

tons. According to the contract, we issued an irrevocable certificate in favor of the foreign company. The total amount of the documentary letter of credit is

148

ten thousand US dollars

yuan. The parties agreed that if any disputes arise, they will be submitted to the China International Trade Arbitration Commission in Beijing for arbitration.

After the goods were shipped on October 10, 2005, the foreign company negotiated the payment at the bank with the bill of lading. After the goods arrived in Qingdao, our company

found that the urea had serious quality problems.

Immediately asked the commodity inspection agency to conduct an inspection.

It was confirmed that the batch of urea was Waste products with absolutely no use value.

Our company requires the bank to recover the paid amount with the commodity inspection certificate.

Otherwise, it will refuse to pay the bank

the payment.

Question: Should the bank recover the money paid?

Does my company have the right to refuse payment to the bank and why?

Answer: The bank does not need to recover the money paid. The import and export company has no right to refuse payment to the bank.

(3

points

)

"Uniform Customs and Practice for Documentary Letters of Credit

)) (UCP500

No.

)

stipulates that the prerequisite for payment by the issuing bank is that

the documents submitted by the beneficiary appear to be consistent with the letter of credit. consistent.

(3

points

)

In this case, the issuing bank paid for the goods under the condition that the documents complied with the conditions. The behavior does not violate

UCP500

and the issuing bank’s commitment and responsibility to the issuer. Therefore, the issuer has no right to require the issuing bank to recover the paid amount from the relevant parties. According to the principle of independent letter of credit, our import and export company must pay the redemption note to the bank.

(4

points

)

Case 19

United States

A

The company signed a contract with the Chinese company

H

to purchase a batch of mooncakes.

The delivery date is the autumn of that year.

One week before the festival,

so as to be sold to Chinese in the United States for the Mid-Autumn Festival.

However,

due to the Mid-Autumn Festival in my country

the mooncake market is booming,

B

the company’s supply I'm nervous, it's been a week since the Mid-Autumn Festival and there's still no delivery. The actual situation in the United States is that because the Mid-Autumn Festival has passed, mooncakes are difficult to sell.

A

The company then notified

B

that the contract was invalid.

Question:

(1)A

Does the company have a legal basis for declaring the contract invalid?

(2)A

,

B

The two companies have agreed to arbitrate at the China International Economic and Trade Arbitration Commission. Which party is likely to lose

the case?

< p>If the losing party fails to fulfill the arbitration award, what should the other party do?

Answer:

(1)A

The basis for the company to declare the contract invalid is< /p>

B

The company’s behavior constitutes a fundamental breach of contract.

B

If the company delays

delivery, it is a breach of contract. And since Mid-Autumn mooncakes are items sold at a specific time,

B

the company delayed

delivery,

A

p>

It will be very difficult for the company to sell moon cakes, and it will suffer losses as a result, which will actually deprive the company of

A

The benefits expected from the contract,

i.e.

B

The company’s delay in delivery constitutes a fundamental breach of the contract.

B

The company

has fundamentally violated the contract,

A

The company should have the right to declare the contract invalid, Damages may be claimed against

B

Company.

(5

points

)

(2)

Because

B

The company fundamentally breached the contract,

B

The company will lose the lawsuit.

B

If the company fails to perform the arbitration award,

A

The company can apply to the Chinese court for enforcement in accordance with the provisions of the law.

(5

points

)

Case 20:

2001

Year

12

month

26

, China

A

The company signed a sales contract with the U.S.

B

company, stipulating:

China

A

< p>The company sells a batch of soybean meal to the United States

B

Company, transaction conditions

CIF(

Los Angeles

)

, total value

27945.24

USD, payment by irrevocable letter of credit. China

A

Company has signed insurance contracts and

transportation contracts with insurance companies and ocean shipping companies.

This batch of goods was shipped in

2002

3

month

It was loaded on the "Yong'an" ship of an ocean shipping company on the 22nd

and was loaded on

3

month< /p>

No. 25

set sail. During the voyage, due to bad weather,

the ship accidentally hit a rock and sank.

All the cargo on board was destroyed.

United States

B

The company heard the news and

wanted to notify the issuing bank Citi

Bank New York Branch Refuse to pay.

Excuse me:

1

． When does the risk of goods transfer?

2

． United States

D

Whether the company has the right to ask the bank to refuse payment

Whether the bank should refuse payment

3

< p>. Should the carrier be liable for cargo damage?

Why

Answer:

1

. Since the transaction conditions stipulated in the contract are

CIF

, the risk of the goods is transferred when it crosses the ship's rail.

(7

points

)

2

. If the documents from China

A

company are consistent, American

B

company has no right to ask the bank to refuse payment. Banks

should also refuse

payment.

(7

points

)

3

． The carrier should not bear the credit loss and the carrier is not at fault.

(6

points

)