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[主观题]

A Chinese foreign trade company exported goods to an American corporation. The contract clearly stip

ulates: "if disputes arise out of performance of the contract, the disputes shall be settled through friendly negotiation. If no settlement can be reached through friendly negotiation, the case shall be submitted to China International Economic and Trade Arbitration Commission for arbitration in Beijing. " Later, disputes arise between two parties in respect of quality of the goods, but the American Co. has brought a lawsuit against the Chinese company at his location. The Chinese company received summons from the court.

Question: How should the Chinese company deal with it？

(Translate the case into Chinese and then answer the question)

Helpful hint: The case is mainly about the function of arbitration clause.

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发布时间：2022-12-04

更多“A Chinese foreign trade company exported goods to an American corporation. The contract clearly stip”相关的问题

第1题

汉语作为外语教学翻译成“Teaching of Chinese as a Foreign Language”。()

汉语作为外语教学翻译成“Teaching of Chinese as a Foreign Language”。（)

A.正确

B.错误

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第2题

Foreign fair organizers are superior to their Chinese counterparts only because they

are more experienced.()

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第3题

Thank you for calling the Hong Kong Art cinema. There’s no one to answer your call at

the moment. The Hong Kong Art Cinema is open 7 days a week, showing a variety of Chinese and foreign films. Next week we’ll show the Chinese film My Happy Life. You can see that film from Monday to Friday. It’ll be on twice a day in the evening, that’s at 8:10 and 10:30. The film lasts 2 hours. Tickets are 150 HK dollars, but there’s special student’s ticket at 50 HK Dollars for all our film. Please bring your student card if you want cheaper tickets. And the nearest car park to the cinema is on the Nathan Road, that’s N A T H A N, it’s just 5 minutes’ walk from the cinema. Thank you for calling the HK Art Cinema. If you require further information, phone our office number 9 AM to 5 PM on week days.

41.How many days does the cinema open per week？

It opens ___________ a week.

42.When will the Chinese film My Happy Life be on show？

It will be on show ____________.

43.When can the audience see My Happy Life in this cinema？

From ______________ next week.

44.What’s the price of the tickets for students？

There’s special student’s ticket at _____________ for all our film.

45. If one wants to ask for some information about the films, what time is available？

If you require further information, phone our office number _________on week days.

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第4题

Contract Appendix of Employing Foreign Teachers I．Work assignment English teaching（listening，speak

Contract Appendix of Employing Foreign Teachers

I．Work assignment

English teaching(listening，speaking，reading and writing)and conducting English comer．

Ⅱ.The salary treatment

1．Monetary salary 4500-5500 yuan/rnonth.The salary will be paid on the 15th of each month with RMB from the day of starting work to the expiration of the contract.In case the time is shorter than a whole month,the payment shall be counted by day。The daily wage shall be 1/30 of the monthly salary(the same with February).No more than 70%of the salary can be changed into foreign currencies monthly.The employed party shall pay the personal income tax in accordance with the Personal Income Tax Law of the People's Republic of China.

2.The host college pays 2,200 yuan for one year's contract for traveling or 1,100 yuan for half year's contract.

3.The medical expenses will be reimbursed by the host college if the amount is no more than 2,200 yuan per year or 1,100 yuan for half year's contract.

4.The host provides the employed with a flat free of charge with bedroom,sitting room, kitchen and bathroom as well as a set of fumiture,TV set,ffidge,washing machine,heater, and kitchen utensils.

5.The host provides the employed with a bicycle.If the bicycle is stolen or damaged, the employed is responsible to have them repaired and/or buy a new one.At the end of the contract the employed should return the bicycle to the host.

6.The host college provides the employed with telephone,computer and printer.The expenses of using telephone will be paid by the employed.

7.For the employed teacher whose period of stay for half a year the host college provides single international flight fare(international economy class for the nearest distance between China and the country of the employed party)；for the employed whose period of stay for one year the host college provides double international flight fare(international economy class for the nearest distance between China and the country of the employed party).

Ⅲ. Work time, rest and holidays

1. The host college assigns the employed no more than 20 hours of teaching Monday through Friday each week and the employed works 5 days every week. If more work is to be assigned, the host college must obtain the employed agreement and pay him 40 yuan for each extra working hour.

2. The employed party is entitled to the following holidays and festivals in China: New Year's Day, Spring Festival, May Day, National Day and other holidays stipulated by laws and regulations.

3. The employed party is entitled to the following holidays and festivals according to his nationality: two days off for Christmas and one day off for the National Day of his home country.

4. The employed party under one-year contract is entitled to a four-week paid vacation. The employed party under half a year contract has no paid vacation.

Ⅳ. Sick leave and private affairs leave

1. Certificate from doctors for foreigners appointed by the host college should be presented when the employed party asks for sick leave. If the sick leaves amount to less than 30 days within one-year contract (15 days for half a year contract), the employed shall be paid with 100% of the salary. In case the leaves exceed 30 days, the host college has the right to terminate the contract.

2. Private affairs leave absence of the employed party shall be approved by the host college. The host college will deduct the salary by day. In case of absence from work without the host college's permission, three days' pay will be deducted for each day absent. For serious circumstances, the host college has the right to terminate the contract and investigate the liability of the employed party for violation of the contract.

Ⅴ. The employed party's responsibilities

1. The employed observes the regulations of host college and the regulations for foreign teacher apartment.

2. Teach classes as designated by the host college.

3. Prepare individual lesson plans as well as teaching plan for semesters according to the host college teaching plans and textbooks.

4. Dress professionally. No shorts, vest or slippers in classrooms.

5. Start and end classes promptly. Notify the host college at least three hours ahead of time if unable to teach a class because of illness.

6. Spend time on preparing for classes, grading homework, preparing and grading exams, and other teaching-related activities.

7. Participate in conferences and meetings of the college.

8. Take blood test and physical examination as required by Chinese laws.

9. Keep the apartment tidy and clean. Pay for damages done to furniture inside the apartment.

Ⅵ. The probation period of the contract

The probation period of the contract shall be 30 days. In the probation period, if the host college finds out the employed party is unfit for the assignment specified in the contract for reasons of health or professional ability, the host college has the right to terminate the contract.

Ⅶ. Others

1. The host college responsible for renewing the employed visa or changing a tourist visa into a working visa, a residence card for foreigners, and a foreign expert certificate. The host college pay for all the costs involved. The employed party shall pay for all the costs involved in obtaining a visa to return to China if the employed is traveling outside of China on his own during holidays. The Public Security Bureau shall impose a fine if the employed visa is not renewed in time. If the delay is caused by the host college, then the host college shall pay the fine; if the delay is caused by the employed party, then the employed party shall pay the fine.

2. This appendix has equal validity of the standard contract and comprises an integral part of the contract.

(the signature of the host college) (the signature of the employed party )

年月日 month day year

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第5题

Not all anniversaries are landmarks. And yet, ten years after China joined the World Trade Organization, it is impossible to overlook the consequences of this momentous

Not all anniversaries are landmarks. And yet, ten years after China joined the World Trade Organization, it is impossible to overlook the consequences of this momentous decision on the global economy.

Those present in 2001 will recall how difficult the negotiation process was, in fact, it was extraordinary that they even reached an agreement.

The US benefited from the deal but it was far from being the biggest winner. China scooped the largest prize. In areas such as agricultural goods, trade liberalization was nothing short of dramatic. By entering the WTO, Beijing could adopt aspects of international commercial law which would have been more difficult to introduce because of domestic constraints.

The sheer size of China's export market is the most powerful testimony to Beijing's success. But other countries benefited too. Since Beijing' s emergence on the stage of world trade, commerce between emerging markets has enjoyed a significant boost. It can only be a good thing that less developed countries are now trading with each other rather than relying only on Western partners.

As for the rich world, the accession of China to the WTO has created new challenges. Consumers have enjoyed cheap Chinese goods. At the same time, European and US companies have struggled to keep pace with ever stiffer competition.

There were also macroeconomic consequences. The low prices of Chinese imports meant that it was easier for central banks in developed countries to meet their inflation targets. This triggered the cuts in interest rates which, in turn, helped to cause an unsustainable credit boom. Now that the bubble has burst, the consequences of China's entry in the trade arena have become painfully apparent.

Ten years on, the future outlook remains mixed. Chinese trade policy still has not evolved sufficiently. Beijing is determined not to let its currency appreciate as it should do. Though there have been modest steps forward in its exchange rate policy, the world's economy is still far from seeing the problems associated with global imbalances resolved.

As for "win-win", well, China is certainly winning. In 2000 it was the world's seventh largest exporter and eighth largest importer of merchandise; in 2010 it was number one and two, respectively. But, as America's increasingly critical assessments of China' s WTO compliance suggests, those trading partners do not always feel like winners. During its relatively brief membership, the world' s second-largest economy has responded to 22 complaints-more than the next three put together.

The WTO Secretariat's China Trade Policy Review 2010 had the following summary. At a time of heightened trade tensions around the world as governments manage the economic consequences of last year' s global recession and 12 percent drop in world trade flows, this Trade Policy Review (TPR) of China has highlighted the valuable role that the WTO' s TPR Mechanism plays by increasing transparency, encouraging consultation and cooperation among WTO Members, and helping to avoid misunderstandings and, ultimately, trade disputes when trade frictions arise.

A well-functioning multilateral trading system has contributed considerably to China's sustainable economic growth and development. The global recession had a substantial adverse impact on China's economy as external demand fell sharply from the end of 2008.

The Government' s response of expansionary fiscal and monetary policies, including a Y4 trillion (1334 of 2008 GDP) stimulus package, helped China's economic growth to rebound in 2009 and made an important contribution to global recovery elsewhere, particularly in the Asia region.

The global economic crisis has reinforced China's determination to transform.its pattern of economic development, including through structural diversification, improving the functioning of the domestic capital market and strengthening social safety nets for the population. Looking ahead, as the Government pursues policies to increase the role of domestic demand in underwriting China' s growth and to encourage the expansion of the services sector, further liberalization of the trade and investment regimes is called for to foster competition and achieve more efficient allocation of resources in the economy.

There was widespread recognition of China's constructive role in resisting protectionist pressures and boosting global demand during the recent economic downturn, appreciation for China's stepped-up involvement in South-South trade and its duty-free scheme for imports from least-developed countries, and acknowledgment that China has continued the gradual liberalization of its trade and investment regimes, although several members felt that this had slowed down compared to its pace in earlier years.

Now match the statements (1-7) to the letter (A, B, C or B).

1. The accession to WTO helps China to make its commercial law more internationally viable.

2. The global economic crisis has made China's determination to transform. its pattern of economic development even stronger.

3. China has made efforts to adjust its foreign exchange rate but the western countries are still not satisfied.

4. As part of the stimulus package, Chinese government made the 4 trillion RMB investment decision towards the end of 2008.

5. It is widely recognized that China has enhanced its involvement in South-South trade and imported more goods from least-developed countries duty-free.

6. WTO's Trade Policy Review Mechanism plays a positive role in increasing transparency, encouraging consultation and cooperation among WTO Members.

7. China's entry to the WTO enabled European and American consumers to enjoy inexpensive Chinese goods, but their companies are meeting with more severe competition.

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第6题

Complaints caused by not delivering according to the time and quantity In the fall of 2006 ,one of

Complaints caused by not delivering according to the time and quantity

In the fall of 2006 ,one of our trading companies concluded a substantial rice business with an old customer in Africa. The terms of delivery are : shipment is to be made in equal monthly lots beginning from December,2006 to June,2007 and payment is to be made by irrevocable letter of credit 60 days after the date of the bill of lading. The customer established the L/C in time and all particulars of the rice, such as the name , specifications , unit price,total price and total quantity are in conformity with the contract. But the terms of shipment only stated " the latest date of shipment is June 30 ,to be shipped in several lots".

The staff in our trading company made the first shipment in December according to the quantity stated in the contract. However in order to export more and eam more foreign exchange earlier, they advanced the time of shipment regardless the shipment terms stipulated in the contract. In January 2007 , our company shipped the quantity of the first quarter once , and in February made the third shipment for the rest quantity that should be delivered in the second quarter, since our staff had not found any specifications "shipment is to be made in equal lots" in the L/C. At the same time our bank negotiated against presentation of the stipulated documents and subsequently asked the opening bank to pay for the goods. The opening bank examined the L/C and confirmed that the L/C had no error in it.

After receiving the shipping advice, the African customer found that the delivered quantity of the rice both in the second lot and third lot were not in accordance with the shipment terms stipulated in the contract, so a claim was filed by the customer against our trading company for default shipment. The amount claimed involved the added fees of chartering warehouse for the delivered goods, the interest and other charges etc. The two parties negotiated the compensation for several times, finally our company accepted the opposing party's opinion and agreed that the purchase price for the last two lots was to be paid four months later, that meant our company would receive the payment a few months later than che original stated time. According to Lhe current price in the international market at that time, our trading company suffered the loss equivalent to 10 percent of the original selling price.

Questions :

(1) What is the relationship between the letter of credit and the transaction contract？

(2) Which proof must the two parties concerned base on when they perform their obligations？

(Translate the case into Chinese and then answer the question)

Helpful hint: It is stipulated in Article 4 of the Uniform Customs and Practice for Documentary Credits that "in credit operations all parties concerned deal in documents and not in goods , service and/or other performance to which the documents may relate" .

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第7题

Foreign Tax Credit

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第8题

简述DSM-Ⅳ-TR：五个轴的内容。

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第9题

垄断者的最优产出条件是

A.TC最小

B. TR=TC

C. TR最大