Przyczyny sporów w handlu zagranicznym

Abstract

When proceeding to conclude a contract trading partners usually hope that their Joint agreement will be executed without any major disturbances and both sides will be - fully satisfied. In practice, however, disputes between the sides to a contract often arise. It is only a relatively small group of causes that contains an elenent of forco majeure in it, that is to say their occurrence does not depend on man's will to any extent whatsoever, while all the others result generally from negligence, recklessness, or human fallibility. This group of causes was submitted to a more detailed analysis. Thus, for example, at the stage of preparing and negotiating a contract it may happen that an incomplete offer has been submitted, the quality of goods has not been negotiated precisely, or an error has been made in the content of a contract or in the form of an arbitration clause contained in it. More various errors could be distinguished at the stage of a direct execution of a trade agreement, e.g. a failure to send a shipping Instruction on time, typing errors, unpunctual payments, wrong packaging of goods and others. This article does not list, of course, all causes of disputes in foreign trade, still it is based on an analysis of a number of controversial situations, which made their way to the Board of Arbitrators attached to the Polish Chamber of Foreign Trade in the 70 s and the 80 s.