Cost, Risk bearing problems and disputes in international trade due to incomplete knowledge or misuse of Incoterms

Ternyik Edvin Ádám (2022) Cost, Risk bearing problems and disputes in international trade due to incomplete knowledge or misuse of Incoterms. Külkereskedelmi Kar.

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Absztrakt (kivonat)

This dissertation will focus on finding the most frequent problems, cause of disputes that can arise from the misuse of the 11 Incoterms that exists as of writing this paper. Problems such as the effect of Incoterm on determining which country has jurisdiction in case of dispute, also on how we can set the jurisdiction beforehand and end up at a court where the trader’s rights can be successfully and effectively to exercised in case of a dispute. Rare case studies on interesting topics related Incoterms usage such as avoiding agent commission payments with trades under Ex Works, buyer ending up paying the remaining amount of the under-stated customs duty while the contract included Delivery Duty Paid. Frequent dispute case studies such as Free On Board used for containerized cargo and what does it mean to be the shipper on the B/L. Changes of what Brexit brought to traders’ life in the United Kingdom now that it is considered as a third country by the European Union and how UK traders in EU can keep the competitive edge against other EU Member States . The reader will be able to see how, and which Incoterms should be used with a Letter of Credit to avoid further misuse and disputes. Reader also will be able to find solutions, guidance and recommendations for the problems that arose from the disputes. During my dissertation I will mainly discuss case studies and problems related to the use of Incoterms 2000 or 2010. I will mention Incoterms 2020 at different stages such as topics related to payment security (Letter of Credit), and what kind of changes it brought in to the 11 incoterms. When I was first introduced to the concept of Incoterms 2010, I have found many nice-looking graphs which were useful to give a really barebone, basic understanding of the mode of transportation related to an incoterm, the obligations of the parties and where the transfers of costs and risk from the seller to the buyer happens. But in hindsight it seems too simplified, as there are many elements, variants that could change the outlook of an incoterm, for example the use of Letter of credit or if we are dealing with Full Container-Load or Less than Container-Load, transportation methods and many more which we gone go into further details in this dissertation, will have major influences on which Incoterm should be used or avoided at all costs so we will not end up in a disadvantageous situation with more obligations than we wish to take on. The language of the Incoterms is written in plain English, so everyday people, people whose first language is not English and did not choose law as his profession in life, can understand it easily as it is not full of legal jargons. Hence, it is recommended to rely on the Incoterms publications of International Chamber of Commerce rather than a freight forwarder’s chart online.

Intézmény

Budapesti Gazdasági Egyetem

Kar

Külkereskedelmi Kar

Tanszék

Nemzetközi Kereskedelem és Logisztika Tanszék

Tudományterület/tudományág

NEM RÉSZLETEZETT

Szak

Nemzetközi gazdálkodás

Konzulens(ek)

Mű típusa:	diplomadolgozat (NEM RÉSZLETEZETT)
Kulcsszavak:	Free On Board, incoterms, international trade, Jurisdiction, Letter Of Credit
SWORD Depositor:	Archive User
Felhasználói azonosító szám (ID):	Archive User
Rekord készítés dátuma:	2022. Okt. 11. 09:55
Utolsó módosítás:	2022. Okt. 11. 09:55

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