What are the remedies available to an Indian exporter if a consignee failed to pay in his obligation

[SHOEB VAPIWALA]

Dear Sir

One of our client had been regularly exporting their auto and machinery parts as per agreement direct to an European country. They have been very good business relationship until the management of Indian exporter. As the management has been changed the consignee has raised technical defaults of the items and default to pay their obligation.

The Indian exporter had personally met their and granted some credit to the consignee and settled the payment terms cordially. On coming back to India the consignee disagree to pay their obligation and just mailed to us to close all communication related to payment overdue.

Main questions are

1. What are the remedies available to Indian exporter to collect their dues from the consignee?

2. Is their any European country related trade settlement forum / arbitrator ?

3. Is their any Forum of Indian - European country trade association like FICCI / CII or local chamber of commerce may help to the Indian Exporter to settle these issue?

4. If their is a sizable amount over due (say about EURO 1,00,000 and above), where we file suite against the defaulter consignee? Who are right authority to approach to settle the matter?

You Answer with communication address will be appreciated.

Thanks with regards

VAPIWALA S G

AI Summary

Contractual remedies for exporters: negotiate discount, repossess goods, pursue arbitration or civil litigation abroad.
Where a foreign consignee refuses payment, the exporter may negotiate acceptance at a discount, repossess goods if commercially justified, or pursue contractual remedies. The availability and route-ADR/arbitration or civil litigation-depend on the contract terms, existence of documentary payment methods and banking channels; trade associations can assist with facilitation but legal advice is required to identify the proper forum and enforcement prospects in the consignee's jurisdiction.