Quality Arbitration

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📖 Detailed Explanation

Quality Arbitration is a method used in international trade to resolve disputes between buyers and sellers regarding the quality of goods. When the buyer receives the goods and believes the quality does not conform to the contract, while the seller disagrees, both parties may agree to submit the dispute to an independent third-party inspection agency or arbitration tribunal for a ruling. This term is commonly found in dispute resolution clauses in contracts, especially for transactions involving bulk commodities, machinery, and equipment where quality disputes are likely. When using quality arbitration, note: 1) specify the arbitration institution, applicable rules, and place of arbitration; 2) stipulate inspection standards and sampling methods; 3) arbitral awards are usually final and binding on both parties. Compared with friendly negotiation or litigation, quality arbitration is more professional and efficient but more costly. Unlike quality inspection clauses, quality arbitration is a dispute resolution mechanism after a dispute arises, while quality inspection is a preventive measure beforehand. In addition, quality arbitration may be combined with quantity arbitration, but they must be stipulated separately in the contract.

📝 Examples

1. If the buyer raises objections to the quality of the goods upon arrival at the port, both parties agree to submit the dispute to the China International Economic and Trade Arbitration Commission for quality arbitration, and the arbitral award shall be final. (Note: A dispute resolution clause in a contract, specifying the arbitration institution and finality.) 2. According to Article 15 of the contract, any dispute regarding the quality of goods shall be resolved through quality arbitration, and the arbitration costs shall be borne by the losing party. (Note: Reference to a specific contract clause, stipulating the allocation of costs.)

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