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Patrick Co Ltd who is located in Rondonia, Brazil is the exporter of apple juices. The juices are made from fruit of Malus x domestica

Patrick Co Ltd who is located in Rondonia, Brazil is the exporter of apple juices. The juices are made from fruit of Malus x domestica Borkh which is the requirement for industries of juices should fulfilled accordance with the European Fruit Juices of Association. On 25 June 2021, Bagus Sdn Bhd, a juices distributor's company who has registered business in Malaysia emailed Patrick Co Ltd and ordered three containers of apple juices.

Stephen who is the operation manager of Patrick Co Ltd, just discharge from the hospital because of he was positive covid-19 and he just recovered from the disease. He read the email ordered from Bagus Sdn Bhd on 2ndJuly 2021. He replied Sdn Bhd email soonest possible telling that the company shall deliver the juices on 5thJuly 2021. Bagus Sdn Bhd's manager read the email and he didn't reply.

When the ship reached at Pasir Gudang's Port, DanishAT7 Ltd informed to Patrick Co, Ltd. Stephen then emailed to Bagus Sdn Bhd and informed that the goods already reached at the Port of PAsir Gudang. Bagus Sdn Bhd was very shocked because they never confirming any delivery from Patrick Co Ltd. Bagus Sdn Bhd refused to accept the juices.

Stephen discussed with the members of Patrick Co Ltd and the company does not satisfy and they file legal action to the international court to solve the problem.

Bagus Sdn Bhd not satisfied and want to solve this matter by bring the case to Asian International Arbitration Centre (AIAC), Kuala Lumpur, Malaysia. Patrick Co Ltd argued AIAC is not the suitable forum to hear the matter and it should solve accordance to United Nation Convention on Contract of International Sales of Goods, not to Malaysia domestic laws.

Bagus Sdn Bhd on the other hand because does not received any respond from Patrick Co. Ltd, the company had ordered 10000 apple juices from Hinkler Co Ltd from Canada. Hinkler Co Ltd agreed to deliver the apple juices. Before the ship was departure from Canada's Port, the government of Canada announced that no apple juices should be export to other countries except within the United States's states.

Hinkler Co Ltd notified this matter to Bagus Sdn Bhd. Bagus Sdn Bhd was very frustrated because they are out of stock of apple juices and Malaysian demand of this juices because it can help increase antibody of human being especially during the pandemic covid 19.

Advise the parties involved.

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