International Commercial Litigation: General Case Scenarios and Conventions

This report discusses general case scenarios and conventions related to international commercial litigation, including the role of international commercial courts, the application of conventions, forum shopping, and the Competition and Consumer Act 2010.

International
Commercial
Litigation

TABLE OF CONTENT
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
Question 1.........................................................................................................................................3
Question 2.........................................................................................................................................3
Question 3.........................................................................................................................................4
Question 4.........................................................................................................................................4
CONCLUSION....................................................................................................................................5
REFERENCES....................................................................................................................................5

INTRODUCTION
Australia law covers common law to reduction through which they used to manage all
the English law according to the uniform states and their appeals were being managed and
wasted according to the original jurisdiction. All the international commercial Court focus on
settlement of the disputes and the issues for the contracts and agreements being made
between them (Kiskachi, 2019). In this report there will be a discussion about General case
scenarios regarding to the international commercial court along with the conventions that are
being required in the disputes regarding to the traits and management.
MAIN BODY
Question 1
International commercial court helps out to resolve all the disputes regarding to all the
international contracts and the arbitration clause. It focus on effectiveness and availability of
the cross-border commerce with investments. There is being seen a high growth of economics
in the emerging market and for that the emergence of trade relations within the countries
minus the international arbitration with focus to make the commercial courts through which
they maintain that additional centres with all the general modernise arbitration laws and a
judicial attempt (Habert, 2018). In 2014 commercial court was being framed with a separate
division in Supreme Court of Victoria in order to increase the complexity and the volume of
commercial matters they also mandate the civil procedure at 2010 with the commercial
litigations through which all the cost effective resolution is being made. Some of the major
advantages of international commercial courts are like it helps out to manage to resolve the
dispute in a shorter time period with a lower cost and also maintain the privacy and flexibility
with the poor proper enforceable and final judgement. All the decision makers were being
selected by parties with their characteristics and desired goals and experience. It has to
manage the efficient resolution of disputes.
Question 2
1. The article 1 states that the convention usually apply all the international conventions
to have exclusive choices in court agreement regarding to their commercial and civil
matters. Along with that all the case in the international areas where the parties are
being the resident in the contracting states within the relationship of parties and other
elements regarding to the disputes will be according to the location details being
chosen by the court. Further in article 1 it also states that all the cases in international
in which all the recognition and the enforcement is made through the foreign

judgement. Whereas, article 2 provides that convention will not be applied to have
exclusive choice in courts where the natural person acting regarding to the personal,
family and other household purpose or it is related to contract of employment. The
convention will not be applied for any kind of maintenance, family issues, legal
capacity, insolvency, bills, anti-trust, liabilities and many more. The convention will
not be applied on any kind of arbitration proceedings and other conventions regarding
to the government and other agencies in state (Grion, and Zanelato, 2021).
2. Das Bulk can rely on all the proceedings that are being given by the China for the
enforcement of the choice of nominating the court of Singapore as a convention state
about choosing the court in order to manage all the disputes regarding to their
commercial matters. He can also choose any other location as in regard to their own
comfort for the agreement for the civil and commercial matters as this case will deal
in the trading and according to the international enforcement with the foreign
judgement
Question 3
Forum shopping are generally all such practices where the litigants used to file their
legal matters in case in order to get a proper probable favourable verdict. This can also be
said as the practice in which all the dispute resolution in the form can be managed for the
complain that is being concerned or the action particularly be found. In all the Australian law
reform this is usually be commissioned in order to manage all the conflicts that has been
identified and created major issue. It focus on providing the substantial advantages and also
to apparently focus on all the unrelated jurisdiction. The major choice of forum are like their
jurisdiction is mainly being based on the territory, interstate services, cross vested litigations
with the choice of law in general diversity jurisdiction in the change in venue regarding to
their cross vesting schemes.
Question 4
1. Mobile phones Australia can with the help of competition and consumer act 2010
search the court in order to cover the areas in the market as this act helps out to
manage the relationship between the wholesalers, suppliers, consumers and retailers
and focus on providing the welfare of Australians and their enhancement in order to
promote competition and free trading with their consumer protection. Any of the
actions can be taken in order to manage and avoid all such kind of infringement which

is being taken with the consumers right. This focus on regulating all the national
interventions through which free trading can be applied(Fei, 2020)
1. If PC solutions was in Singapore instead of New Zealand still the court have the right
to process in the same manner as that it was in Singapore as according to the
international commercial agreements and with the competition and consumer act any
of the right of the Australian cricket if there by being infringed then the action can be
taken place with the same verdict. There the international commercial activity also be
applied for all the trading and the other commercial activities which were being taken
place and the infringement in any of the case will make them to take strict action
against it.
CONCLUSION
It is concluded from the above report that international commercial court focus on
solving the issues and the disputes in the international level where all the trade in the global
relations were being managed so as to create a friendly environment. There has been seen that
international forum focus on managing the promotion and welfare. Furthermore, article 1 and
two of the convention implements out to manage all the commercial and general matters. it is
also analysed that forum shopping is mainly the method in which the litigations were being
applied in the court in order to settle and solve the disputes through the courts.
REFERENCES
Fei, L., 2020. Innovation and Development of the China International Commercial
Court. The Chinese Journal of Comparative Law, 8(1), pp.40-44.
Grion, R.S. and Zanelato, T.D.P., 2021. Historical Aspects of the New York Convention on
the Recognition and Enforcement of Foreign Arbitral Awards and Perspectives on
the Resolution of International Commercial Disputes. Arbitration: The International
Journal of Arbitration, Mediation and Dispute Management, 87(2).
Habert, J., 2018. Compendium of International Commercial Arbitration Forms: Letters,
Procedural Instructions, Briefs and Other Documents Autores: Sigvard Jarvin e
Corinne Nguyen. Revista Brasileira de Arbitragem, 15(60).
Kiskachi, M., 2019. The Use of the UNIDROIT Principles in International Commercial
Arbitration in the Absence of an Agreement on Their Application. Russ. Jurid. J.
Elec. Supp., p.52.