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Arbitration All disputes arising from the execution of this Agreement shall be settled through nego

Arbitration

All disputes arising from the execution of this Agreement shall be settled through negotiation between both parties.In the event that no settlement can be reached, the case in dispute shah then be submitted for arbitration to the China International Economic and Trade Arbitration Commission, Beijing, China, in accordance with its Rules of Procedure of Arbitration. The decision made by this Commission shall be regarded as final and is binding on both parties.

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更多“Arbitration All disputes arising from the execution of this Agreement shall be settled through nego”相关的问题

第1题

A: I made a very close study of the draft contract last night. B: Any questions? A: Yes.There are

A: I made a very close study of the draft contract last night.

B: Any questions?

A: Yes.There are a few points which I'd like to bring up.First, the packing.It's stipulated in the contract that all the machine parts should be packed in wooden cases.This can be done with the machine parts, but it's impossible to pack a truck base like that.

B: I see.

A: Second, about the terms of payment.Your draft contract says that payment is to be made by D/P.This is not our practice.We prefer to have the payment made by L/C through a negotiating bank in France.

B: And…

A: And the third point is about arbitration.It's stipulated that arbitration shall take place in China.In all our past contracts signed with you, it was stipulated that arbitration took place in a third country.

B: Yes, that's right.

A: But how is it that this time you wish to have it carried out in China?

B: Shall we take up the matter point by point?

A: That's a good idea.

B: Now, the first point is about packing.We agree to a different packing for the truck.

A: This can easily be done.

B: Second, about terms of payment by L/C.

A: Thank you.

B: As for arbitration, in our dealings with many countries, arbitration is to be carried out in China.The Arbitration Commission of CCPIT enjoys a high prestige among friendly companies.Personally I hope you'll accept this clause.Furthermore, the disputes that have arisen from our business transaction were all settled through friendly consultations.Very rarely was arbitration restored to.

A: I see.OK.The new arbitration clause is acceptable.Is there anything else?

B: As far as the contract stipulations are concerned, there is nothing more.Thank you very much.

A: When should we sign the contract?

B: We'I1 revise the contract this evening, and have it ready to be signed tomorrow morning at ten.How's that?

A: Perfect.

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第2题

请根据合同、信用证相关要求以及补充材料填制装箱单、装船通知。 补充材料: (1)Shipping Mark: A

请根据合同、信用证相关要求以及补充材料填制装箱单、装船通知。 补充材料: (1)Shipping Mark: ABC HELSINKI NO.1.400 (2)2011年12月3日开出装箱单;12月13日装船,船名SUISUN V 103 (3)GW.为3 600kgs,N.G为3 500kgs (4)B/L NO.:KEN 05-25401

(6)Packing:CARTON (7)Delivery From SHANGHAI to HELSINKI (8)Shipping Marks:N/M (9)Time of Shipment:Within 30 days after receipt of L/C.Allowing transshipment and partial shipment. (10)Terms of Payment:By 100% Irrevocable Letter of Credit in favor of the Sellers to be available by sight draft to be opened and to reach China before DEC.1st,2011 and to remain valid for negotiation in China until the 1 5th days after the foresaid Time of Shipment.L/C must mention this contract number.L/C advised by BANK OF CHINA,SHANGHAI BRANCH.TLX:444U4K GZBC.CN.ALL banking Charges outside China(the mainland of China)are for account of the Drawee. (11)Insurance:To be effected by Sellers for 110%of full invoice value covering F.P.A up to HELSINKI. (12)Quality/Quantity Discrepancy and Claim: In case of the quality and/or quantity/weight are found by the Buyers to be not in conformity with the Contract with the Contract after arrival of the goods at the port of destination,the Buyers may lodge claim with the Sellers supported by survey report issued by an inspection organization agreed upon by both parties,with the exception,however,of those claims for which the insurance company and or the shipping company are to be held responsible,claim for quality discrepancy claim should be filed by the Buyers within 15 days after arrival of the goods at the port of destination.The Sellers shall,within 30 days after receipt of the notification of the claim,send reply to the Buyers. (13)Force Majeure:In case of Force Majeure,the Sellers shall not be held responsible for late delivery or non—delivery of the goods but shall notify the Buyers by cable.The Sellers shall deliver to the Buyers by registered mail,if so requested by the Buyers,a certificate issued by the China Council for the Promotion of International Trade or/and competent authorities. (14)Arbitration:All dispute arising from the execution of or in connection with this contract shall be settled amicably by negotiation.In case of settlement can be reached through negotiation the case shall then be submit China International Economic &Trade Arbitration Commission.In Shanghai(or in Beijing)for arbitration in act with its sure of procedures.The arbitral award is final band binding upon both parties for setting the Dispute.The fee,for arbitration shall be borne by the losing party unless otherwise awarded. (15)Shipping advice must be sent to buyer within 2 days after shipment advising number of packages.gross& net weight,vessel name,Bill of Lading No.and date,contract No.Value. The Seller:××× The Buyer: ×××

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第3题

When applying for arbitration, the claimant must submit an ______.
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第4题

仲裁(arbitration)

仲裁(arbitration)

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第5题

The parties concerned may choose the arbitrator from the Arbitration Organization. ()

The parties concerned may choose the arbitrator from the Arbitration Organization. ( )

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第6题

The trial court will follow the arbitration clause in the contract,unless the parties have given up
their right under this clause.
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第7题

Since we can’t reach an agreement on the place where the arbitration is (), so the place () be determined by the arbitration tribunal.
A.holding, is going to

B.to be held, is going to

C.holding, shall

D.to be held, is to

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第8题

Any disputes concerning this contract shall be settled through friendly consultation. If disputes ca
n not be settled through such consultation, then they shall be submitted to the Arbitration Committee for settlement.
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第9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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第10题

Since we can’t reach an agreement on the place where the arbitration is (), so the p

Since we can’t reach an agreement on the place where the arbitration is (), so the place ()be determined by the arbitration tribunal.

A、holding…is going to

B、to be held...is going to

C、holding

D、shall

E、to be held

F、is to

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第11题

Arbitration is a means of settling disputes between two parties through the medium of a third party
who is not partial to either of the parties to the dispute. ( )
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