内容正文:
Arbitration in International Trade 国际贸易仲裁
Chapter Nine
Warming-up Exercise
Part A English Text
Part B Bilingual Text
Warming-up Exercise
Chapter Nine
Answer the following questions.
1
2
What kind of methods do you desire to settle your problem with your partner
in business?
What is arbitration?
Part A English Text
Chapter Nine
Arbitration in International Trade
Methods of dispute settlement
negotiation,
mediation,
arbitration
litigation.
Part A English Text
Chapter Nine
Arbitration in International Trade
Arbitration is the resolution of a dispute between two parties through a voluntary or contractually required hearing and determination by an impartial third party.
Arbitration:
1. impartial third party
2.Based On Both parties will
3. Like a less formal court
4. several procedures such as hearing evidence and making decisions.
5. award is final and binding on both parties.
Comparison between mediation and arbitration
Mediation:
1. An impartial third party
2. the third party is to smooth the obstacles over in a negotiation.
3. The third party just offers suggestions.
Part A English Text
Chapter Nine
Arbitration in International Trade
Comparison between litigation and arbitration
· 1.The way to submit arbitration or litigation
Arbitration: arbitration application is submitted on the will of both parties in advance or after the dispute arises.
Litigation: litigation application is made by one of the two parties.
· 2.The appointment of arbitrator or judge
Arbitration: two of the three arbitrators are appointed by the parties themselves and the third appointed by the arbitration institution.
Litigation: judge is appointed by government.
Part A English Text
Chapter Nine
Arbitration in International Trade
3. The effectiveness of an award or verdict
Arbitration: award issued by arbitrators is final and binding on both parties.
Litigation: verdict is not final, ie. If one party refuses, he