International trade dispute settlement between small private parties without arbitration clause
In my day job, I come across complaints from various small time exporters and importers of goods regarding cheating/dispute by their overseas counterparts and vice versa. The overseas complaints usually get routed through the commercial or diplomatic consulates or Indian missions abroad. Indian complaints pour in through various export promotion bodies, export inspection agency, DGFT and so on. Usually, the complaints might be related to quality or payment. The payment related disputes are usually rooted again in quality or quantity related disagreements. A recurrent feature I have observed in these complaints is that there is no good commercial contract agreement, in writing, between the parties. At times, parties do have a contract, but they lack an arbitration clause in case of dispute. Trade is usually based on trust in such cases. Emails or telecons are usual methods of sealing the deals. Many a times, I have seen disputes arising after the parties have been dealing with ea