Question
Katherine lives in Bangladesh and is in a contractual relationship with FiberGlass Ltd a steel-manufacturing company headquartered in Thailand whereby the company would sell 1,000
Katherine lives in Bangladesh and is in a contractual relationship with FiberGlass Ltd a steel-manufacturing company headquartered in Thailand whereby the company would sell 1,000 tons of steel for $10,000. While she has bought steel from FiberGlass for the past 6 years, she speaks to a representative of the company regarding arbitration in the event there is a delay in payment and delivery. On 28 November 2018, FiberGlass calls Katherine and informs her that they agree to submit the issue of delayed payment to arbitration in Bangladesh, which Katherine gladly accepts.
FiberGlass delivered 1,000 tons of steel to Katherine on 15 December 2018, with the promise that she would pay by 20 December 2018. Unfortunately, as of 28 December 2018, she has not paid. Therefore, FiberGlass seeks the help of courts to order Katherine to pay. However, Katherine contends that the matter ought to be arbitrated not litigated.
Is the matter to be arbitrated or litigated? Why?
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