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Customs attorney, what types of trade disputes are there?

Is there a customs attorney available? I understand that trade disputes encompass a variety of legal and economic conflicts that arise in transactions between countries or between companies. While running a trading business, I had a minor friction with another company, and I am uncertain about how to resolve it. I am curious whether my dispute qualifies as a trade dispute. What types of trade disputes are there, and what are their characteristics?

Customs attorney

Answer

Published: 2023-04-07

Author : Kuk Il KIM

Hello. This is a customs attorney at Daeryun Law LLC.

Trade disputes broadly refer to disputes arising in connection with the import and export of goods and the like, and they can be largely divided into trade policy disputes and contract disputes.

Trade policy disputes are disputes that arise from differences in policy between countries. This type of dispute is mainly related to import and export regulations, tariffs, and non-tariff barriers.

For example, when a country imposes high import duties to protect its domestic industries, or places export restrictions on a particular country, such policies tend to give rise to conflicts with trading partner countries.

A representative example is the numerous trade disputes handled by the WTO (World Trade Organization). Such disputes are resolved on the basis of international law and norms, and arbitration is carried out through the WTO dispute settlement procedures.

In addition, contract disputes are problems that mainly arise between companies, involving conflicts related to the performance, interpretation, or breach of trade contracts.

In import and export contracts, disputes may arise where the terms regarding the quality of goods, the timing of delivery, and the method of payment are unclear, or where the contract is breached.

For example, if a supplier fails to provide the contracted goods on time, or if the quality of the exported goods does not match the contract, non-performance of the contract may become an issue.

In such a case, the matter can be resolved through the arbitration procedures or court procedures specified in the contract.

The method of resolving a trade dispute may vary depending on the legal and economic conditions of the countries and companies involved, but it can generally be resolved through international arbitration, legal litigation, or negotiation.

With the assistance of a customs attorney at our firm, you may be able to resolve a trade dispute more promptly and efficiently, so you may wish to visit a nearby Daeryun office to request a consultation.