A. Preliminary
Transactions or trade links many forms, from a form of relationship selling goods, shipping and receiving goods, production of goods and services pursuant to a contract and others. All transactions are loaded with the potential to give birth to a dispute. Generally, trade disputes are often preceded by the settlement of disputes by negotiation. If the way of settlement negotiations fail or not work, then pursued other means such as settlement of disputes through the courts or arbitration. Submission of the dispute, either to court or to arbitration, often based on an agreement between the parties. Usual step taken is to make an agreement or enter into a dispute resolution clause in the contract or agreement that they made, either to court or arbitration body. The legal basis for dispute resolution forums or entity that will handle the dispute is the agreement of the parties. The agreement was put either at the time the contract is signed or after the dispute arises. In addition to the forum of a court or arbitration, the parties may also submit their disputes to alternative dispute resolution, commonly known as ADR (Alternative Dispute Resolution) or APS (Alternative
Dispute Settlement).
B. The Parties in International Trade Dispute
As we all know that the subject of law in international trade law, namely the State, companies or individuals and others. In the following description, the parties to the discussion is limited to the merchant (individual or legal entity) and State. Due to the nature of international trade law is a cross-border, pembahasannyapun restricted only between traders and merchants, then traders and foreign countries.
1. Dispute Between Merchants and Traders.
The dispute is a dispute between two merchants who frequent and most common. Disputes like this happen almost every day. The dispute was settled through a variety of ways. The way the settlement is dependent on the freedom and the agreement of the parties.
Agreements and freedom of the forum court will determine who will resolve their dispute. In addition the agreement and this freedom will determine what law will be applied and implemented by the agency courts adjudicate disputes. Agreements and freedom of the parties is an essential thing. Law respecting an agreement and freedoms. Of course, there is agreement and kebabasan limits. Usually the limits are not violated the Act and public order.
The dispute is a dispute between two merchants who frequent and most common. Disputes like this happen almost every day. The dispute was settled through a variety of ways. The way the settlement is dependent on the freedom and the agreement of the parties.
Agreements and freedom of the forum court will determine who will resolve their dispute. In addition the agreement and this freedom will determine what law will be applied and implemented by the agency courts adjudicate disputes. Agreements and freedom of the parties is an essential thing. Law respecting an agreement and freedoms. Of course, there is agreement and kebabasan limits. Usually the limits are not violated the Act and public order.
