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The parties: P.T. Knight Electricity & Machinery Co. Pte. Ltd., is a Legal Entity established and formed under the laws of Singapore. P.T. Lsiang Plywood

The parties:

  • P.T. Knight Electricity & Machinery Co. Pte. Ltd., is a Legal Entity established and formed under the laws of Singapore.
  • P.T. Lsiang Plywood Industries, is a Legal Entity established and formed under the laws of Spain.

Position case:

  • In March 2020, a sales and purchase agreement for machinery and spare parts was made between Kemalam Electricity & Machinery Co. Pte. Ltd with P.T. Lsiang Plywood Industries.
  • Agreement signed in Barcelona, Spain.
  • It was agreed that payment would be made using the installment method and that the installment payment would start after the machines were received by P.T. Lsiang Plywood Industries.
  • In January 2021 P.T Kmalam Electricity & Machinery Co. Pte. Ltd. Sent the order and was well received by P.T. Lsiang Plywood Industries.
  • However until January 202 P.T. Lsiang Plywood Industries did not fulfill its obligation to pay.
  • P.T. Lsiang Plywood Industries International has its administrative headquarters in Thailand.
  • P.T. Knight Electricity & Machinery Co. Pte. Ltd., has its head office in Singapore but its center of activity or production site is in Malaysia.
  • The case was filed at The Audiencia Provincial (District Court) Barcelana.

Based on the case above, answer the following questions:

  1. According to your analysis, the judge will qualify the HPI event/case above as what qualifications are legal qualifications?
  2. If the judge uses Barcelona law, is there a renvoi in this case? Explain
  3. Single renvoi theory, further appointment theory (weiterverweisung) or double renvoi theory which will be used by the judge in this case?

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