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Request for Arbitration

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Request for Arbitration
Claimant: ###### Cargo ####### Co., Ltd.
  • Address : #159-1, Samsung-dong, Kangnam-ku, Seoul, Korea
  • Representative Director : Kil-Dong, Hong
  • E-mail : webmaster@kcab.or.kr
  • Tel : 82-2-551-2000 / Fax : 82-2-551-2020
Respondent: ********* Freight Consolidators, Inc.
  • Address : LG * & *, ****** Cityland Dela Rosa Condominium Dela Rosa Corner Washington St., Makati City, Manila, Philippines
  • Representative Director : Victory C. Ngking
  • E-mail : webmaster@kcab.or.kr
  • Tel : 82-2-551-2000 / Fax : 82-2-551-2020
  • 1) It is recommended that the address of the Parties correspond to the address on the certified registration book.
    If there is a special valid address of the Parties to be served with the Arbitral documents, please note it below the address space.
  • 2) It is recommended to write all valid contacts of the Respondent.
    i.e. telephone number of the office, fax number, e-mail address, cell phone number of the person in charge
Basis of the Request(Claim)

For the foregoing reasons, the Claimant respectfully requests that the Arbitral Tribunal issue an award:

(i) Ordering the Respondent to pay USD 110,000 to the Claimant.
(ii) Ordering the Respondent to pay the Claimant interest on any amounts awarded to Claimant at the rate of 15% per annum, from the day following the service of this Request for Arbitration until final payment of any awarded amount;
(iii) Ordering the Respondent to reimburse the Claimant for all costs the Claimant incurs in this arbitration including the fees and expenses of the arbitrators, the KCAB administrative expenses,
(iv) Ordering further relief as the Arbitral Tribunal deems appropriate.

Grounds of the Request(Claim)

The Claimant is a Korean Corporation engaged in sea and air freight forwarding business. The Claimant and the Respondent
executed "Sea and Air Cargo Transportation Agency Contract("Agency Agreement") on November 01,
199# (see the attached Exhibit A-1),
Based on this "Agency Agreement", the Claimant and the Respondent had transported sea
and air cargo reciprocally and had settled the freight charge accounts within 1 month.
The Respondent failed to make payment on the accounts outlined below and had no special reasons.
The exact calculation is as follows:
- Accounts amount: US$20,620.12
- Period: from June 1996 to December 1996


The Claimant met the Respondent in Manila on June 14, 1997 and verified the amount owed and the detail statement for cargo
business. The Respondent and the Claimant agreed that the Respondent would pay to the Claimant US$20,620.12 before
September 30, 1997 and that all disputes arising from the Respondent's inability to fulfill the above obligations would be resolved
by arbitration. (see the attached Exhibit A-2)

The Respondent did not pay the freight charge. Accordingly, the Claimant requested arbitration to be conducted by the Korean
Commercial Arbitration Board as set forth in the Purport.

1) The Statement of Claim must be signed by the representative of the Party or the person in charge who submitted the Power of
Attorney.

2) It is recommended to write an enumerated list of exhibits so that the Arbitrator can mention any individual piece of evidence
in the award.

Method of Proofs
  • Exhibit C-1 : Agency Agreement
  • It is recommended to check and mark the Arbitration clause included in the contract.
  • It is recommended that the contract including the Arbitration clause is signed by all of the Parties.
  • It is recommended to check the date of the consent so that the Parties are aware of the Arbitration Rules
    which apply to the case.
  • Exhibit C-3 : Letter
  • Exhibit C-4 : Fax dated February 7, 199#
  • Exhibit C-5 : Dunning letter dated May 11, 199#
  • Exhibit C-6 : Fax dated May 27, 199#
  • Exhibit C-7 : Fax dated September 2, 199#
  • 1) The Power of Attorney (or equivalent document) must be signed by the representative of the Party. And this must be accompanied
    by proof of employment when an employee of the Party attends the hearing instead of the representative.
  • 2) A copy of each Parties bankbook with their bank account and the name of the Parties written on them
    (this is so that the remainder of costs may be quickly refunded when the case is concluded).
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