Dispute Settlement (Australia) Lemon Inc. is a company registered in the U.K. wh
ID: 2371075 • Letter: D
Question
Dispute Settlement (Australia)
Lemon Inc. is a company registered in the U.K. which produces computers and has a call center registered i the Republic of H to address complaints associated with its computer products. The standard terms attached to the computers specfy that for any deficiencies in the product, the courts of England would have exclusive jurisdiction, while the courts in the Republic of H would have exclusive jurisdiction over any complaints associated with aftersales services. Ms. Distressed buys a Lemon computer in London that has a problem after the warranty period has expired. The call center provides her with instructions that lead to the computer ceasing to function completely. She sues Lemon Inc. in a London court, arguing that the Republic of H has very low standards of consumber protection and the forum clase in the contract was "unfair". What shold the court decide? Disucss
Explanation / Answer
Australia and WTO dispute settlement Overview Australia's profile as a trading nation means that it has strong interest in ensuring that the international trading regime of the WTO is open, equitable and enforceable. The WTO's dispute settlement system, which came into being in 1995, is central to that goal. It is one of the cornerstones of the WTO, and gives member countries confidence that the commitments and obligations contained in the WTO agreements will be respected. There have been over 360 disputes initiated in the WTO since 1995 (although many have not proceeded past the consultations stage) and an important body of international law has developed as a result. The system provides a binding and enforceable mechanism through which member countries can enforce their trade rights. How can the WTO help Australian businesses and exporters? Australian exporters or companies who consider their competitive position is affected by the trade-restrictive actions of WTO member governments are encouraged to advise the Department using the WTO disputes enquiry point. When submitting enquiries, firms/companies (or their nominated legal representative) are required to provide details of the problem and the adverse impact on exports or imports. The Department