Guaraná Antarctica

Argumentative discourse in front of the court please I need a discourse in a more argumentative way it’s gonna be in front of the tribunal, I want u the explain more the facts like a discourse in an argumentative way.

The Facts.

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1. In Fall 2019, Mr. Garcia from the Claimant visited the Guaranayan coffee bean plantation to seek new coffee bean producers. The Claimant and Respondent began to discuss the business cooperation on 29 November 2019.

2. Mr. Garcia showed his concern about the security of plantations because of the local riots, and hurricanes in Guaranayan which constitute the uncontrollable elements to the practice of the contract. After negotiations with Mr. Frerot, they reached a consensus about the contract, especially on the Force Majeure clause.

3. The 5-year-contract was finally dated 2 January 2020. The contract requested the Respondent to ship 10,000 kg of coffee beans per month at the price of $7 per kilogram to the Claimant monthly. Moreover, the contract also provided the law applicable shall be the Guaranayan law.

4. On 3 January 2020, the Claimant requested to amend the number of coffee beans from 10,000kg to 15,000kg. In addition, the claimant also wanted to adopt ICC arbitration rules in disputes. The Respondent subsequently agreed with the amendment.

5. The new contract was performed first time on 3 February 2020, the Respondent delivered the first shipment of 15,000kg of coffee beans to the Claimant.

6. After the Claimant read reports about the rapid increase and spread of Covid-19 globally, Mr. Garcia asked Mr. Frerot (the respondent) about the Covid-19 situation. On 12 February 2020, the Claimant inquired the Respondent, claiming to terminate the contract under clause 10(1) of the contract if the Respondent could not give the surely answer about whether Covid-19 would influence the supplement of the coffee beans or not

7. The Respondent did not reply to this email immediately. During this harsh and unknown time, the Claimant had no other choice but only to believe the persuaded reply of the Respondent dated 5 February 2020 and hesitated to seek another coffee bean supplier.

8. On 14 February 2020, Mr. Garcia from the Claimant called Mr. Frerot about Mr. Garcia’s concern. Mr. Frerot failed to answer the phone but the TBP’s relationship manager Ms. Melissa Castillo gave assurance about the supplement of the coffee beans to the Claimant.

9. On 21 February 2020, the Respondent informed the Claimant about the national lockdown has been imposed. As the result, the Ministry of Agriculture in Guaranaya had suspended all exports.

10. The Claimant then decided to terminate the contract under Clause 13.1 of the contract and initiate an arbitration proceeding under Clause 8 of the contract. The Claimant filed a request for arbitration to ICC (International Chamber of Commerce) on 3 March 2020. For more information on Guaraná Antarctica check on this: https://en.wikipedia.org/wiki/Guaran%C3%A1_Antarctica

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