LJU4804 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
Question:-
Read the set of facts below and then answer the questions that follow: Super Solar (Pty) Ltd is a newly incorporated South African company with its principal place of b...
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LJU4804
Private International Law
ASSIGNMENT 2 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 780773
Due Date :- 17 April 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
Read the set of facts below and then answer the questions that follow: Super Solar (Pty) Ltd is a newly incorporated
South African company with its principal place of business in Johannesburg (South Africa). Super Solar imports
solar panels, inverters and lithium ion batteries for resale to local solar installers. Due to the Eskom crisis, demand
for these goods have increased exponentially and Super Solar is negotiating purchase agreements with several
large manufacturing companies of solar equipment based in China. Advise Super Solar on the following matters:
(Your answers do not have to be in the form of a formal legal opinion. Properly referenced paragraph answers will
suffice).
1 Super Solar would prefer to opt for alternative dispute resolution by negotiating the inclusion of arbitration clauses in these
purchase contracts. The Chinese companies are concerned whether an arbitral award obtained abroad, would effectively be
enforced against Super Solar in South Africa. Advise Super Solar how to respond to these concerns.
(5)
2 Most of the Chinese companies prefer including a choice of law clause in favour of Chinese law (including the application of
the CISG) in the contracts under discussion. Super Solar is concerned about the provisions relating to conformity of goods.
Advise Super Solar in this regard.
(5)
3 Some of the Chinese companies are amenable to including an arbitration clause in the contracts that nominate South Africa
as the seat of arbitration. Advise Super Solar on the South African procedural arbitration regime in respect of international
commercial arbitration.
(10)
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