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Breach of Contract by Respondent PPD: PetroTech vs PPD

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Added on  2019-09-30

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This memorandum discusses the breach of contract by Respondent PPD against PetroTech, an American company that develops and sells high-tech equipment for aerial exploration of natural gas and oil. The memorandum covers the statement of facts, summary of arguments, and request for relief.

Breach of Contract by Respondent PPD: PetroTech vs PPD

   Added on 2019-09-30

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MEMORANDUM FORCLAIMANTPetroTech
Breach of Contract by Respondent PPD: PetroTech vs PPD_1
1MEMORANDUM FOR CLAIMANT On behalf of:PetroTech,DallasTexas.CLAIMANT Against:PPD,Syria.RESPONDENT
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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, based in Dallas, Texas. PPD ("RESPONDENT," jointly with CLAIMANT, the "Parties"), isone a Syrian company engaged in the business of oil exploration which it has the limit 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 the CLAIMANT 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 of equipment by the RESPONDENT up to the test period and paying the price for each equipment to the CLAIMANT in case the RESPONDENT wishes to purchase that equipment. Article 20 of the Contract (“Arbitration Clause”) provided that the disputes between CLAIMANT and RESPONDENT shall be decided by arbitration in Syria. The Contract is said to be governed by the laws which incorporate the UN Convention 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 all the 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
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3equipment as it will be deemed that the RESPONDENT wants to make a purchase of all those equipment.5.On asking by the CLAIMANT to pay the price for all the equipment, the RESPONDENT made several contentions that it believed absolved it of any kind of liability 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 the current arbitration by filing a Statement of Claim (“SoC”) on ..... The Arbitral Tribunal was constituted on ........it was decided by the Tribunal on...., RESPONDENT had entered into an enforceable sales contract with the CLAIMANT and also that there has been a breach of contract. In response to this, the CLAIMANT now wants to move further to claim the damages along with the interest from the RESPONDENT on account of the breach of contract done by him. The interest on damages must also be paid by the RESPONDENT.SUMMARY OF ARGUMENTS1.CLAIMANT and RESPONDENT had agreed to a contract for the sale of equipment that is 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’S breach forced CLAIMANT to ask the RESPONDENT to pay the price for all the equipment. In response, RESPONDENT sought a declaration of non-liability by making several contentions that it believed absolved it of any liability to the CLAIMANT.
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