Topic 2 Flashcards
(20 cards)
What does CIF stand for in international trade?
Cost, Insurance, and Freight
CIF is a trade term indicating that the seller covers costs, insurance, and freight to transport goods to the buyer’s destination.
What is the primary focus of the presentation on international trade?
Dispute resolution in cross-border transactions
The presentation analyzes a specific CIF contract dispute between a Chinese seller and a Tanzanian buyer.
What governs cross-border disputes when no applicable law or court is specified?
Private International Law
This area of law helps determine which jurisdiction’s laws apply in international disputes.
How does a court determine the applicable law in cross-border disputes?
Based on the closest and most real connection
This principle helps establish which jurisdiction is most relevant to the dispute.
What type of dispute is classified in the case discussed?
Contractual dispute concerning the sale of goods
This classification is crucial for applying the correct conflict of laws rule.
Which law applies to the dispute in the case of the Tanzanian buyer and Chinese seller?
Tanzanian Sale of Goods Act
The act applies because delivery occurred in Tanzania.
When does risk transfer typically happen in CIF contracts?
Upon shipment
This is a common practice in CIF agreements.
What sections of the Tanzanian Sale of Goods Act might the seller argue compliance with?
Sections 15, 16(b), and 22(1)
These sections detail obligations and rights under the Act.
What are the connecting factors for determining applicable law in this dispute?
- Place of Contracting
- Place of Performance
- Domicile/Place of Business
- Nature of the Contract (CIF)
Each factor plays a role in establishing legal jurisdiction.
What is the implication of the place of performance in this dispute?
Tanzanian port is the strongest connecting factor
This factor may lead the court to favor Tanzanian law.
Is Tanzania a signatory to the CISG?
No
This affects the application of international sales conventions in the case.
What is the significance of China’s status regarding the CISG?
China is a signatory to the CISG
This status impacts the legal framework applicable to the seller.
What happens if the courts revert to national law?
They will apply private international law and Tanzanian national law
This provides a fallback mechanism in the absence of applicable international rules.
What can the aggrieved party do in domestic litigation?
Sue in their own country’s court
For instance, the Tanzanian buyer can sue in Tanzania.
What is required for a foreign judgment to be enforceable in Tanzania?
Recognition in Tanzanian courts
This process follows common law principles.
What criteria do Chinese courts require for enforcement of judgments?
- Finality
- Proper jurisdiction
- Fair hearing
- No fraud
- Reciprocity
These criteria ensure that judgments are justly enforced.
What is a key take-away regarding jurisdiction in this case?
Tanzanian courts have a strong claim due to delivery port
This emphasizes the importance of location in legal jurisdiction.
What can the buyer argue regarding breach of contract?
Using Sections 15, 16, and 22 of the Act
These sections provide a legal basis for the buyer’s claims.
What is necessary for the buyer to seek foreign enforcement in China?
Recognition of the judgment
This step is essential for enforcing the judgment across borders.
What does the case highlight about international contracts?
The need for clear choice of law
This clarity can prevent disputes and simplify legal proceedings.
