Disputes among companies and industries concerning their miss-relation due to some
circumstances is a necessary experience, which only the governed can resolve process. Both
national and international laws apply to such disputes as they may otherwise affect the whole
country and their relationship with each other. For instance, the dispute between Harvey Fresh
Agricultural Products Co Ltd (‘Harvey Fresh’) and Louis Quality Foods Imports and Exports Pte
Ltd (‘Louis Singapore’) can only come to regulation by the influence of the law governing the
international markets; exports and imports.
Concerning the contract whereby Louis Quality Foods Imports and Exports Pte Ltd
('Louis Singapore') awards Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’) to trade
their goods, which is oats, there arises a dispute in the trade. In this document, the discussion
involves details on the conflicts and solutions that may occur due to the misunderstanding of two
companies in which the deal they had did not get through.
In the sale, the parties involved are Harvey Fresh Agricultural Products Co Ltd (‘Harvey
Fresh’), the seller of oats, Louis Quality Foods Imports and Exports Pte Ltd (‘Louis Singapore’),
the buyer and High seas Shipping (‘Highseas’), the shipping industry.
The seller of the goods, who is Harvey Fresh Agricultural Products Co Ltd ('Harvey
Fresh'), is the industry that should be bear the loss s, which caused the dispute following that
during the planning of the traded and lading, the Shipping, which is High seas Shipping
('Highseas'), was not provided with the requirements of the goods. Therefore, Harvey Fresh, the
seller, should face the loss since the goods are not taken in by the buyer.
Law and Legal Issues 3
Harvey Fresh Agricultural Products Co Ltd, the seller might decide to bring up a claim
against the carrier, as they were not concerned by the goods' requirements and did not check the
condition of the goods during the typhoon. The claim may, in turn, cause the carrier to bear the
loss of goods if they do not defend themselves since the report from the third-party authority
claimed that the mold on the goods developed approximately ten days after the beginning of the
carriage of goods, the carrier will rely on that.
Commonwealth Bank of Australia (CBA) is the bank that acts as the advising bank in
that trading dispute. As informed by the buyer, the bank should not pay for the goods. Even
though only 40% of the total goods were spoiled, the buyer did not agree to receive them, so the
bank must not pay the seller. Also, Harvey Fresh Agricultural Products Co Ltd, the seller,
following the bill of lading, set the goods later than disagreeing with the required time as per the
letter of credit. Hence, this was an added disadvantage of the release of payments to the seller.
Suppose I was the legal counsel of Harvey Fresh concerning the contract with Louis
Singapore, I would draft a dispute resolution. For instance, a law has often had a decisive
influence on the results when applied to a disagreement (Clement 2013). So the clauses and
propositions that I would resolve include the following key provisions:
Negotiation
The gatherings might attempt to determine their debates through exchange preceding
discretion. By negotiating, the dispute, claim, question, or disagreement arising from or relating
to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the
dispute, claim, question, or disagreement. As a result, negotiation gives the parties an advantage
Law and Legal Issues 4
in that they shall consult and negotiate with each other in good faith and, recognizing their
mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
Arbitration
By any chance that the parties do not come to a conclusive resolution or their terms
within 60 days, then the dispute is resolved in the subsequent debates, cases, questions, or
contrasts as it is based on the consideration of such associations as the American Arbitration
Association as per the regulations of its Commercial Arbitration Rules. Therefore, the influence
of the association propels the resolution and hence makes the arbitrary method a useful way of
settling disputes.
Mediation
Before submitting the dispute to arbitration, I would recommend the parties attempt a
mediation process as it can be accomplished by the parties agreeing to mediation. This voluntary
process may be entered into either by a standalone agreement or incorporated into an arbitration
clause as a first step. It may be terminated at any time by either party. Since the court may take
on a more interventionist approach, this way of mediation becomes an added advantage to the
disputed parties since no other third party will resolve their case; hence the relation will be
regained at their pleasure.
Moreover, following that, only 40% of the goods got spoiled, Harvey Fresh could have
been paid for the remaining 60% of the goods. So Louis Singapore could have agreed to take in
the remaining quality or non-spoiled oats since it is an animal feed making it safe for
consumption by livestock.
Law and Legal Issues 5
As an individual enterprise, Louis Quality Foods and any of its subsidiaries should
protect their interests at any cost. The enterprises have the right to run their business peacefully
regardless of the co-relation in trademark similarities. According to Krock and Lipsay, choosing
law provision that the contract construes following the law of any jurisdiction should not be held
to face fraud-in-the-inducement claim, which is a result of continued reasoning in a lot of other
jurisdictions (1996). Therefore, Louis Singapore is in the best place to protect their interests
since it is the parent company that incorporated the other subsidiary companies.
The Chinese government's sanctions against the Australian farms and the Australian
agricultural industry impacted these industries with claims that their products were bio-
hazardous. The shares have disabled the output and the outcomes of the companies to be
somehow low quality or even invalid. But since each industry has the legal right to resourceful
use the land and trade with ease in every nation, the Australian farms and the Australian
agricultural sector should rely on international laws.
The international laws protect and allow each global industry to display their
resourcefulness in the international markets by favoring such contracts like the one between
Harvey Fresh Agricultural Products Co Ltd (‘Harvey Fresh’) and Louis Quality Foods Imports
and Exports Pte Ltd for trading oats (Kapeliuk & Klement 2010). But any claims against such
industries which, due to unavoidable circumstances, unguaranteed trade quality of goods, the
laws should determine the validity or worth of such products by the company. Therefore, it is
significant for such companies or international industries that face rejection to rely on general
laws for the stability of their reputation.
Law and Legal Issues 6
In addition, now the courts have understood that balance of accommodation must be
given its expected significance, for it might permit the make a difference to be allowed in an
unfamiliar court showed it is persuaded that the party has a lawful cure in the concerned foreign
jurisdiction.
In conclusion, laws are an essential remedy for such disputes and invalid claims against
trading companies or industries. The laws give power to any industry when it faces rejections
and rumors that lowers its standards and reputation. Therefore, it is essential to consider such
laws in case of such disputes and claims to win in any case.
Law and Legal Issues 7
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Law and Legal Issues 8
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