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Legal issue and applicable rule and facts to practice cases

International and U.S. Trade Law

A1)

A German company sold steel to a United States company, pursuant to a series of correspondence between them. The United States company had issued a purchase order, printed on a standard form, for galvanized steel to Germany. The German company responded by sending another form labeled "Sales Contract" as written confirmation of the purchase order. The confirmation contained a provision stating that "all disputes arising out of the contract shall be settled by arbitration in California." After delivery, a dispute arose over payments to be made by the United States company. The German company sought to enforce the arbitration provision. What applicable rule and fact(s) should apply in this case for the court to resolve this dispute?

B2) The German government under various programs, provided low-interest loans and investment support, in the form of cash grants and tax credits to German glass manufacturers. The benefits were designed to offset the disadvantages that would discourage companies from moving into Eastern Europe. The recipients of the benefits sold the preponderance of their glass in Germany. The amount of benefits was less than 2 percent of the value of the glass products sold to the United States. United States glass companies are losing sales, however, to German companies. What applicable rule and fact(s) should apply in this case? How should proper authority apply the rule of law to this case?

Solution Preview

A German company sold steel to a United States company, pursuant to a series of correspondence between them. The United States company had issued a purchase order, printed on a standard form, for galvanized steel to Germany. The German company responded by sending another form labeled "Sales Contract" as written confirmation of the purchase order. The confirmation contained a provision stating that "all disputes arising out of the contract shall be settled by arbitration in California." After delivery, a dispute arose over payments to be made by the United States company. The German company sought to enforce the arbitration provision. What applicable rule and fact(s) should apply in this case for the court to resolve this dispute?
As the German company sold steel to the US company, and there was a series of correspondence, the US company sent the German company what was essentially a boilerplate agreement. This agreement is usually "without substantive provisions containing specimen clauses, specimen testimonial and attestation clauses". Now the German company made some changes to the boilerplate agreement and sent it back to ...

Solution Summary

The expert identifies the legal issue and applicable rule and facts to practice cases.

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