8. MEMORANDUM FOR CLAIMANT. PetroTech. MEMORANDUM FOR C
Added on - 30 Sep 2019
1MEMORANDUM FOR CLAIMANTOn behalf of:PetroTech,DallasTexas.CLAIMANTAgainst:PPD,Syria.RESPONDENT
2STATEMENT OF FACTS1.PetroTech (“CLAIMANT”), is an American company that develops and sells high-tech equipment that can be used in the aerial exploration of natural gas and oil, basedin Dallas, Texas. PPD ("RESPONDENT," jointly with CLAIMANT, the "Parties"), isone a Syrian company engaged in the business of oil exploration which it has thelimit to only inside Syria.2.In 2008, the Parties entered into an International Sales Agreement (“Contract”) whichprovided that the RESPONDENT was allowed to use the equipment of theCLAIMANT for a particular time period which was considered to be a test period andwas mentioned in terms of the contract. The Contract was made for using ofequipment by the RESPONDENT up to the test period and paying the price for eachequipment to the CLAIMANT in case the RESPONDENT wishes to purchase thatequipment. Article 20 of the Contract (“Arbitration Clause”) provided that thedisputes between CLAIMANT and RESPONDENT shall be decided by arbitration inSyria. The Contract is said to be governed by the laws which incorporate the UNConvention on Contracts for the International Sale of Goods ("CISG").3.A fixed test period was dating from......to.....had been mentioned in terms of contractfor the use of equipment by the Respondent. But the RESPONDENT had retained allthe equipment beyond this designated period which was mentioned in the contract.4.The CLAIMANT has asked the RESPONDENT to pay the price for the equipment asit was agreed in the contract that the RESPONDENT could use the equipment only upto the designated time period and beyond that it will have to pay the price of all the
3equipment as it will be deemed that the RESPONDENT wants to make a purchase ofall those equipment.5.On asking by the CLAIMANT to pay the price for all the equipment, theRESPONDENT made several contentions that it believed absolved it of any kind ofliability that it must be owing towards the CLAIMANT.6.But the CLAIMANT considered it as a breach of contract and following the failure ofRESPONDENT’S action for a declaration of non-liability, CLAIMANT initiated thecurrent arbitration by filing a Statement of Claim (“SoC”) on ..... The ArbitralTribunal was constituted on ........it was decided by the Tribunal on....,RESPONDENT had entered into an enforceable sales contract with the CLAIMANTand also that there has been a breach of contract. In response to this, the CLAIMANTnow wants to move further to claim the damages along with the interest from theRESPONDENT on account of the breach of contract done by him. The interest ondamages must also be paid by the RESPONDENT.SUMMARY OF ARGUMENTS1.CLAIMANT and RESPONDENT had agreed to a contract for the sale of equipment thatis used in the aerial exploration of gas and oil. RESPONDENT breached the Contract andsought to profit by using the equipment for oil exploration beyond the stipulated test timeas agreed by the CLAIMANT thereby getting commercial gains. RESPONDENT’Sbreach forced CLAIMANT to ask the RESPONDENT to pay the price for all theequipment. In response, RESPONDENT sought a declaration of non-liability by makingseveral contentions that it believed absolved it of any liability to the CLAIMANT.