Question 1 (300-330 words) Define and distinguish between domestic law, public, private international business law and explain their interface. Question 2 (300-330 words) Provide an account of what Murabaha and Musharaka are and why they are practiced in jurisdictions governed by Islamic Law. Question 3 Find the following judgment, Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028 and answer the following questions: (a) Provide an account of the parties in this case and what relief if any is sought by them respectively. (300-330 words) (b) What was the primary legal issue/s in contention between the parties and what were the relevant legal principles relied upon by the Court? (650 words) (c) What orders were made? (300-330 words) Question 4 Geo Corp Ltd is a leading Queensland importer and distributor of mining equipment who wishes to import a US$1,750,000 tractor. They communicate with a US company, based in North Dakota, who, subsequently supplies the tractor. Geo Corp seeks your advice as an adviser on the following key legal aspects of its proposed purchase. Assume that the North Dakota company has a standard form contract based on US law, with no arbitration clause, but is amenable to negotiation on key legal issues in exchange for Geo Corp making payment in full, prior to shipment: (a) Choice of law issues, Australia or US – what US law would by default govern the sales contract if the standard form US contract was relied upon, and is it possible under US law to select CISG for the law of the contract? (b) The merits of a compulsory arbitration clause and if arbitration was to be US based, what arbitration law would apply and what arbitration bodies are available. (300-330 words) (c) Alternatively, assuming the parties selected Queensland law, discuss and appraise, how a Queensland court judgment or Queensland arbitration award would be recognised and enforced under the US legal system. (300-330 words)
