I. Introduction
Although Chinese enterprises are often engaged in disputes
arising out of international fertilizer transactions, generally a
large number of these enterprises are struggling, since they are
unacquainted with international dispute resolution mechanisms, and
the numerous highly technical issues that are involved in relevant
international sale contracts. However, in January 2009, a Chinese
fertilizer company obtained the first ever victory in offshore
arbitration, in which expert witnesses played an important
role.
II. Case history
On 22 November 2004, a Chinese fertilizer import & export
company entered into a contract to purchase 22,000 MT of bulk
fertilizer from a Singapore-based company for a price of
US$4,400,000. On 14 December 2004, the goods arrived in Shanghai
and was subsequently inspected by the Shanghai Entry-Exit
Inspection and Quarantine Bureau (the "Shanghai
CIQ") upon which several quality indices were
indicated to be outside the