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The legal basis for the adjudication of the dispute by the Tribunal is Section 9 of Contract 01 concluded by the parties on 1 October According to the Contract, all disputes arising out of the contract shall be settled by the parties by negotiations.
In the event the parties are not able to reach agreement within 30 days from the date of the first negotiations, the dispute shall be adjudicated by the ICA Tribunal at the Ukrainian Chamber of Commerce and Trade in Kiev in accordance with its rules of arbitration proceedings.
Section 9 of the Contract provides that: All papers connected with submission of disputes to the Tribunal and with respect to decisions on disputes shall be in Russian and proceedings shall be conducted in Russian. The Tribunal shall consist of three arbiters.
The goods shall be delivered at the port of Mariupol City. The Additional agreements to Contract 01 were not signed by the parties.
On 28 Septemberi. By resolution of the Tribunal President of 19 Februarythe Tribunal initiated proceedings in the case. After preparations and composition of the Tribunal, proceedings were appointed on 13 September On 26 Julythe Tribunal received [Seller]'s statement of defense in which the [Seller] alleged that the [Buyer]'s action is unfounded and petitioned for non-satisfaction of the action stating that conditions of the contract were agreed with the [Buyer] as early as the beginning of September of First, an invoice for the reservation of the goods was sent by the [Seller] to the [Buyer] on 28 September On 9 Octoberthe [Seller] reserved 3, metric tons of the goods.
The further payment procedure was agreed as follows: This was confirmed by an e-mail message sent to the [Buyer]'s representative on 10 October Therefore, the [Seller] believed that [Buyer] has not performed the actions which would enable the [Seller] to have a possibility to fulfil its obligations.
On 23 Augustthe Tribunal received added specifications on the suit and comments on the [Seller]'s statement of defense with enclosed papers in which the [Buyer] has changed its action demands, alleging that Contract 01 of 1 October should be regarded as void not concluded owing to its failure to conform with the requirements of art.
The [Buyer] has stated that since there were no additional agreements signed to the Contract which would set cost and quantity of goods, it was the [Buyer]'s bona fide belief that the payment sum billed in the invoice was sufficient for delivery of the necessary quantity of goods.
In the [Buyer]'s opinion, [Seller]'s objections expressed in its statement of defense are unfounded and unsubstantial and do not correspond to the factual circumstances of the case. At the hearings of the Tribunal on 13 September[Seller]'s representatives stated that the added specification on the suit and the [Buyer]'s comments on the statement of defense with enclosed documents were not received by the [Seller] and, therefore, the latter petitioned for postponement of the proceedings in the case for a month in order to prepare its arguments.
Furthermore, at the hearings of the Tribunal the parties expressed the possibility of concluding an amicable agreement. Taking this into account and following art.
On 17 Octoberthe Tribunal received a letter in which the [Buyer] withdrew its request to have Contract 01 regarded as void as a result of its lack of conformity with art. After the necessary sum was transferred, the [Seller] claimed that this sum was not supposed to be sufficient for purchase of that quantity of goods.
The [Buyer] stated that [Seller]'s refusal to deliver the goods in the manner and on the terms foreseen in para.Search efficiency for drug interactions and dosing The benefit Micromedex provided the Little Company of Mary staff with near real-time access to accurate drug information, allowing them to make faster decisions, ensure positive interactions and, ultimately, achieve better patient outcomes.
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The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to paragraph 3 of the Procedure for Suspension of the Registration of a Tax Invoice/ Adjustments Calculation in the Unified Register of Tax Invoices” of October 24, , No.
made amendments to paragraph 3 of the Procedure for Suspension of the Registration of a Tax Invoice/Adjustment Calculation in the Unified Tax.
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