Anti Suit Injunction in Internat
In an interconnected world, businesses are increasingly global. A Barbie doll is touched by hands in at least four countries. The ethylene for its plastic comes from Saudi Arabia, the plastic body is made in Taiwan, the golden nylon hair comes from Japan, the doll itself is assembled and painted in a shop floor in China, and finally, one can find the doll on the shelves of a toy shop in California. This is the extent of the global nature of businesses. In this era of global transfer of goods, international commercial contracts attain much significance. These contracts are the ones that enable the smooth flow of international trade. However, by the inherent international nature of these contracts, there is ambiguity about the jurisdiction of filing suits in case of problems in the execution of the contract. It is often that each party wants to file the suit in the jurisdiction that it deems may award a favourable decision. A way to resolve this is by the use of anti-suit injunctions, which prevents parallel proceedings on the same dispute. The smooth performance and quick resolution of disputes arising is important to facilitate international trade and sustain faith in the existing international trade system.
Rights of Unpaid Seller
Meaning of Unpaid Seller Section 45 defines an unpaid seller as follows: The seller of goods is deemed to be an unpaid seller: (a) when the whole of the price has not been paid or tendered, (b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument. Sub-section (2) of Section 45 has extended the definition of seller to include any person who is in the position of a seller such as an agent of the seller to whom a bill of lading has been endorsed, or a consignor who has himself paid the price.
Transfer of Property
The time at which property passes from seller to buyer is important due to the following reasons: (i) Risk prima facie passes with ownership: Unless otherwise agreed, risk follows ownership irrespective of delivery and payment of price. If delay in delivery has been due to the fault of a particular party, the party at default shall bear the risk. (ii) Action against third parties: In case goods are damaged by a third party, it is only the owner who can take action against him. Proprietary rights depend on transfer of property. (iii) Right of Resale: To determine whether buyer can resell the goods to a third party without incurring any liability is linked with transfer of ownership. (iv) Suit for price: Transfer of property confers upon the seller the right to sue the buyer for price. (v) Right of official Receiver: The right of official receiver or assignee to take over the goods in the event of insolvency of either the buyer or the seller depends on as to who is the owner at a given point of time.