MediMARE Game - Misleading Incoterm clause
MediMARE GAMES are a series of games related to the project's main issues in order to promote the knowledge and reflection about maritime disputes and mediation.
Misleading Incoterm clause
In this game, the player will be able to think about Incoterms.
Incoterms (International Commercial Terms) are contractual terms elaborated by the ICC and that sellers and buyers incorporate into their international contracts for determining the obligations of the parties regarding the transportation costs and responsibility, where goods will be delivered (and thus where the obligation of the seller ends), insurance and export costs (taxes, declarations and other import and export obligations). The incorrect use of the Incoterms in the contract may lead to mistaken obligations / responsibilities of the Parties. Examples being who bears the risk of loss or damage to the goods while in transit, or who is responsible to pay for international transportation.
We are sorry you think this way. Online mediation has pros and cons. It has been widely used in procedures in the past years, during the pandemic, and the parties have decided it can be a quite resourceful way of solving disputes, since it is even cheaper than mediation in a local venue. Also, since the parties are in countries far away from each other, it is easier to approximate people with decision powers in virtual meetings. On the opposite side, there are expressions and feelings the parties and mediator may only be aware of when in a face-to-face setting.
You have chosen a presential mediation. Now we need to decide what rules shall be applied and who will be the mediator.