Toronto Sale of Goods Lawyers
Toronto, Canada International Sale of Goods Disputes Attorneys and Litigation Lawyers
Import-Export Claims Lawyers
International Claims Litigation against Manufacturers and Distributors
Our lawyers have acted for local and foreign companies, commence and defend against sale of goods lawsuits, including product liability claims.
Disputes can arise from sale of goods transactions in numerous ways. For example, claims between manufacturers and distributors may arise from contract disputes regarding delays in delivery, and product liability issues such as defective products, product quality, and disputes regarding a product’s fitness for use.
Also, claims by end user business consumers against retailers, distributors, manufacturers and others may arise from allegations that the goods are not safe, reliable, and suitably fit for their purpose, of merchantable quality or that goods have a dangerous design or latent defect.
Though end user consumers may not have privity of contract with the manufacturers, all participants in the supply chain are at risk of being involved in a sale of goods dispute or litigation. We often act for:
We have experience with the often complicated issues that can arise in sale of goods lawsuits, which include:
International sale of goods disputes require lawyers with international experience. International disputes raise issues such as:
- Jurisdictional challenges: Multiple jurisdictions may have jurisdiction over a sale of goods dispute. Your company may have been sued in a country which claims jurisdiction over your claim, but prefers to litigate in another forum. Our firm has experience with challenging jurisdiction of Ontario Courts for international clients.
- Conflict of laws: It may be unclear which jurisdiction’s laws apply to a dispute. We have experience in determining which jurisdiction’s laws are most advantageous to our clients in a dispute and the conflict of laws rules which form the basis of the argument that the laws of one jurisdiction prevail.
- International laws: International laws, such as the United Nations Convention on Contracts for the International Sale of Goods, and the Ontario International Sale of Goods Act may apply to a sale of goods dispute. We have experience in advising international clients of the key differences between domestic laws and international laws which may apply to a sale of goods dispute.
International law can affect important aspects of international sale of goods litigation, such as:
- Contract formation and contract terms
- Notice periods for defects
- Limitation periods
- Fitness for purpose
- Implied warranties
Early advice about the forum, proper law and location of the arbitration is required. Early review of the notice of arbitration is required to ensure that the disputes or claims are properly referred to arbitration. Assistance with the challenge or appointment of an arbitrator may be required at an early stage.
Through the adoption of international conventions on the enforcement of foreign arbitral awards, the enforceability of a foreign arbitration award has become easier in many instances.
We are often consulted by those located in the United States, and in the past have been consulted by or retained in litigation by those (or matters located) in Alaska, California, Washington, Nebraska, Illinois, Missouri, Ohio, New York, New Jersey, Rhode Island, Massachusetts, North Carolina, Tennessee, Georgia, Louisiana, Florida and Texas.
Our International Sale of Goods Practice Group have also been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.
Our International Sale of Goods Practice Group include a lawyer who has been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), and who has both foreign and local legal education, including in the U.S. and U.K.
Some of our lawyers have been admitted and practiced law in foreign jurisdictions, have both foreign and local legal education, and a number of our lawyers and law clerks speak languages which include French, Japanese, Portuguese, Italian, Russian and Cantonese.
If you or your company require assistance regarding an international sale of goods dispute, please contact Gilbertson Davis LLP to arrange for an initial consultation.