Share on LinkedInShare on LinkedIn

ARTICLE · 10 APRIL 2012

The First Victory for PRC Fertilizer Enterprises in Offshore Arbitration

The contractual parties agreed that the place of dispute resolution would be outside China with ICC procedure rules.

ChinaLitigation, Mediation & Arbitration

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

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from