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1、(高职)Chapter 9:外贸英语ppt课件外贸英语外贸英语目录CONTENT010302040709081011050612 Force majeure Arbitration institution Arbitration Effect of award Arbitrator Arbitration rules Arbitration clause Arbitration agreement 1.explain what force majeure is. 2.describe ways of stipulating force majeure clause. 3.explain wha
2、t arbitration is. 4.describe the contents of arbitration clause. 5.describe the function of arbitration agreement. NegativePositiveKey termsKey termsObjectivesObjectivesForce majeure9 9. .1 19.1.1Definition of force majeure,also called act of god,is an event that can be neither anticipated nor contr
3、olled,and it can be resulted from natural reasons and social reasons,such as fire,storm,flood,heavy snow,earthquake,war,strike and so on. Force majeure9 9. .1 19.1.2Clause of force majeure Force majeure clause is an exemption clause,and it should include:01The scope of force majeure events.03The cer
4、tificate and agencies who issue them. 04Principles and methods of treating force majeure. 02Time limit of notifying the other party. Force majeure9 9. .1 19.1.2Clause of force majeure There are 3 ways to stipulate force majeure clauses.ACBArbitration9 9. .2 29.2.1The solutions to disputesn In intern
5、ational trade practice,in case of disputes,the two parties should try to settle the disputes through amicable negotiations. In case no settlement can be reached through negotiation,the case shall then be settled through conciliation,arbitration or even litigation.Arbitration9 9. .2 29.2.1The solutio
6、ns to disputesnAdvantages claimed for arbitration over a court trial include the following:Arbitration9 9. .2 29.2.2The form and functions of arbitration agreement The arbitration agreement is a written agreement in which the two parties declare that they are willing to submit to arbitration. There
7、are two types of arbitration agreement,one is called arbitration clause that is concluded before the disputes arise,in which the two parties declare that in case of disputes,they are willing to submit to arbitration. This type of agreement is generally included in the contract. The other type is cal
8、led submission that is concluded after the disputes arise,in which the two parties declare that they are willing to submit to arbitration. This type of arbitration agreement is independent of the contract. Arbitration9 9. .2 29.2.2The form and functions of arbitration agreement (1)Arbitration agreem
9、ent is the basis for settlement of disputes,and is binding upon both parties. (2)It is the warranty for arbitration authorities and arbitrators to obtain the jurisdiction. (3)The arbitration agreement eliminates the jurisdiction of the court over the relative case. In case an arbitration agreement i
10、s reached,the interested parties cant appeal to the court anymore. Arbitration9 9. .2 29.2.3Procedures of arbitrationn According to the current Arbitration Rules of China International Economic and Trade Arbitration Committee that took effect on Oct.1,2000,the general arbitration procedures are:(1)A
11、pplication for arbitration(2)Composition of arbitration tribunal(4)Award(5)Enforcement of an award(3)HearingArbitration9 9. .2 29.2.4Arbitration clausen Arbitration clause in the contract shall stipulate clearly place of arbitration,institution of arbitration,arbitration rules,effect of award and arbitration fees. 0102030405谢 谢 聆 听T H A N K S F O R Y O U R A T T E N T I O N