Chapter 12 Disputes, Claim and Arbitration （课件）国际贸易实务双语教程（第5版） 同步教学（清华大学出版社）

Unit 12 Disputes, Claim and Arbitration Disputes arise in international trade for many reasons，for instance，a buyer may breach a contract by wrongfully refusing to accept goods or failing to pay for the goods when payment is due：a seller may violate a contract by failing to make an agreed delivery, delivering goods that do not conform to the contract etc. Usually a claim will be made, after the disputes, by the injured party against the other party. The objective of this chapter Dispute and Claim Force Majeure Arbitration Section One Dispute and Claim Breach of Contract Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract, resulting from, e. g. , repudiation of liability before completion, or conduct preventing proper performance. The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depriving the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract as the consideration for performing those undertaking. 1) Breach by the Seller 2) Breach by the Buyer 3)Both Parties are held responsible As to the case, please refer to your case book 3 Disputes In international trade, disputes often arise between the two parties when one party thinks that the other fails to carry out the duties stipulated in the contract wholly or partially, which very likely leads to claim, arbitration and legal action. Claim Claim means that in international trade, one party breaks the contract and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses. In some contract, the two parties often stipulate clauses on settlement of claim as well as inspection and claim clauses. Claim related to imports Claim Clauses 1) Discrepancy and claim clause 2