Statement of Claim for Arbitration: Mototete SA v Visorworld Pty Ltd

This document presents a Statement of Claim in an arbitration case between Mototete and Visorworld. Mototete, a French company, contracted with Visorworld, an Australian company, for the supply of visors. The claim details a breach of contract where Visorworld supplied visors that shattered, leading to an accident involving a Mototete helmet and a customer, Aiden O'Reilley. O'Reilley sued Mototete, who settled out of court. The Statement of Claim outlines the factual background, including the contract, the accident, and the resulting damages, including the settlement amount and reputational loss. It asserts jurisdiction under the ICC Rules of Arbitration and UNCCISG. Mototete seeks a declaration of breach, damages for the settlement paid to O’Reilley, damages for loss of income, and costs. The document includes references to relevant legal principles and supporting materials.

Running head: Statement of Claim 1
Arbitration Statement of Claim
Name of Student
Name of Institution
Name of Tutor

Statement of Claim 2
Statement of Claim
Parties
Mototete is a Company incorporated in France and dealing with the sale of visor helmets
Visorworld is a Company incorporated in Australia and dealing in the supply of visors.
Factual background
Mototete entered into a contract with Visorworld for supply of all visors for Mototete’s
helmets. The contract was for a period of one year and was not extended. Visorworld had an
obligation to make sure that the visor supplied could not shatter. This was further provided on
Visorworld’s website.
Jurisdiction and Admissibility
Arbitrator to be appointed under the International Chamber of Commerce Rules of
Arbitration to constitute arbitral tribunal has jurisdiction to determine disputes between
parties in this dispute.
Breach of Obligations
Visorworld has breached its obligations under the said contract, clause 55, by supplying
Mototete with visors which were not shatter resistant. Visorworld also breached its obligation
under Article 35 of the United Nations Convention on Contracts for the International Sale of
Goods (UNCCISG) by not supplying goods of quality described in the contract being visors
which are shatter resistant.
Mototete sold visor helmet to a customer, Aiden O’Reilley, who had an accident in which he
lost control of his motor cycle on a corner had an accident and his visor helmet shattered on
impact. Aiden, therefore, brought a claim against Mototete in the High Court. Mototete and

Statement of Claim 3
Aiden settled the claim outside court in the sum of $2M US. As a result of the accident and
Aiden’s claim, Mototete has also lost income due to reputational damage.
Visorworld’s breach is fundamental as it has caused Mototete substantial lose which was not
in Mototete’s expectation being the payment of $2M US and loss of profit due to damaged
reputation1.
Procedural Matters
Clause 100 of the Contract between Mototete and Visorworld provides that all disputes from
the terms of this contract to be resolved judicially by an expert from London under ICC
making International Chamber of Commerce Rules of Arbitration the procedural law in terms
of constituting an arbitral tribunal2.
The contract was subject to UNCCISG being the law the parties chose in the contract under
clause 593. Also, the companies are from different countries, being France and Australia,
which are signatories to the Convention bringing in the application of the convention4.
Request for Relief
Based on the already stated facts, Mototete claims for the following reliefs:-
i) A declaration that Visorworld has breached its obligations under the contract
ii) An Award of damages in the sum of $2M being the amount Mototete paid to
Aiden as a result of Visorworld’s breach of its obligations.
iii) An Award of damages for loss of income suffered by Mototete
iv) Visorworld to pay cost of the proceedings Mototete counsel’s costs.
1 United Nations Convention on Contracts for the International Sale of Goods, art 25
2 Robin Burnett and Vivienne Bath, Law of International Business in Australia (Federation Press, 2009) 453
3 Peter Schlechtriem and Petra Butler, UN Law on International Sales: The UN Convention on the International
Sale of Goods (Springer Science & Business Media, 2008) 18
4 Center for International Legal Studies, Remedies for International Sellers of Goods (Juris Publishing, Inc,
2010) 45

Statement of Claim 4
Bibliography
Books
Burnett, R and Bath, V, Law of International Business in Australia (Federation Press, 2009)
Center for International Legal Studies, Remedies for International Sellers of Goods (Juris
Publishing, Inc, 2010)
Schlechtriem, P and Butler, P UN Law on International Sales: The UN Convention on the
International Sale of Goods (Springer Science & Business Media, 2008)
Legislation
International Chamber of Commerce Rules of Arbitration
United Nations Convention on Contracts for the International Sale of Goods