, LJU4804 Assignment 2 (COMPLETE ANSWERS) Semester 2
2024 (572928) - DUE 13 September 2024 ; 100% TRUSTED
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Just Jeans (Pty) Ltd is a clothing manufacturing company
incorporated in South Africa with its principal place of business
in Durban. Just Jeans regularly purchases large consignments of
denim material from Materiale S.p.A, a company incorporated
in terms of the laws of Italy with its principal place of business
in Milan (Italy). In January 2024 Just Jeans purchased another 2
large consignment of material from Materiale. During the
ongoing business relationship, the order was always for Blue
Indigo cloth and this is the only colour of cloth that Just Jeans
uses for their denim brand. When the latest consignment arrived
at Just Jeans, the quality controller determined that the colour
was not Blue Indigo, but indeed Stone Washed Blue. Just Jeans
informed Materiale that the material did not conform to the
contract, but Materiale disputed this. The contract contained an
arbitration clause, referring disputes arising out of the agreement
to settlement by means of institutional arbitration administered
by the Arbitration Foundation of Southern Africa. The contract
did not contain a choice of law clause. In terms of the contract,
the consignment had to be shipped CIF (Durban) and payment
had to be made into Materiale’s business account held at Intesa
Sanpaolo, Milan. As mentioned, the consignment was delivered
to Just Jeans’s warehouse, but Just Jeans refused to make
payment. 1. Why is this a private international law matter? (1) 2.
How would the arbitral tribunal determine the law applicable to
the substance of the dispute? Refer to the relevant provision of