A bitter sweet tale of arbitration
Paris, 27 March 2001 - When closing a business deal, the last thing on anyone's mind is the possibility that it could all fall apart. Which is why ICC's Institute of World Business Law will hold a seminar in Paris in June to ensure company lawyers and business executives are prepared for when the deal turns sour.
The four day workshop from 18 - 21 June 2001 will examine the best ways to face the unpleasant and often costly business of dismantling a contractural relationship and still come out with reputations and nerves intact.
The International Commercial Arbitration seminar takes the form of a simulation, a tale of business woe involving Company X, from central Europe and Company Y, from West Africa. The two companies' respective presidents, Mr Lubovic and Mr Kouakou, come to rue the day they met at the Berlin Trade Fair.
All is sweetness and light at first with the contract for exclusive distribution in West Africa of the central European company's sophisticated computer peripheral for office workstations. Deliveries are on time, the peripherals find a ready market, and payment is on the nail.
After a couple of years, payments start to slip and then peter out altogether. The central European manufacturer markets an upgrade and doesn't even tell his West African partner, even though the contract specifies that Company Y had the exclusive right to market any improvements to the wonder peripheral. Both Mr Kouakou and Mr Lubovic feel that the other has not lived up to his end of the bargain. The relationship turns sour.
What should they do? How is Mr Lubovic going to get paid on time? How does Mr Kouakou exert his rights over the improved product? Does the contract provide any recourse? Renowned experts in international commercial arbitration will provide the answers at the Paris seminar.
To find out how this story ends, sign up for the ICC Commercial Arbitration Seminar. The seminar, involving a mock arbitration under the rules of the ICC International Court of Arbitration, is one of the PIDA series aimed at executives and corporate lawyers involved in international business. The seminar is tailored to meet the needs of lawyers, executives and corporate counsel representing companies involved in international trade. It is of special interest to participants from developing countries and
emerging economies.
The above facts, and names of persons and companies cited in the simulated arbitration case are in all respects hypothetical and have been designed purely for the needs of the PIDA seminar "Study of a mock case under
the 1998 ICC Rules of Arbitration" in Paris on 18-21 June 2001. Any resemblance with facts known to the reader are entirely coincidental. Unless otherwise authorized, these facts may not be used for any purpose.
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