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,*,University of International Business and Economics,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,*,UNIT FIFTEEN,Arbitration,Words&Expressions,representative,n.,代表,lnspection,n.,检验、检查,medical equipment,医疗机械，医疗设备,sophisticated,a.,复杂的，精细的,submit,v.,呈送，提出,to get prepared against a rainy day,未雨绸缪,amicable,a.,友好的，和睦的,reach a settlement,达成协议,Words&Expressions,customary practice 惯例,in this regard 关于此事，在这方面,defendant n.被告；被告人,impartiality n.公平，不偏袒,competent a.有能力的，能干的，胜任的,arise from.由引起的,procedural rules 程序规那么,stand for 代表,Words&Expressions,substantive law,实体法,be free to do sth.,随意，自由,specify.in their contract,在合同中规定,a temporary arbitration tribunal,临时仲裁庭,arbitrator,n.,仲裁员,nominate,v.,提名；指派；任命,dissolve,v.,使结束；解体,annoy,v.,使烦恼；使生气,Words&Expressions,without bias or partiality,不偏不倚地,a sole arbitrator,独任仲裁员,CIETAC Panel of Arbitrators,中国国际经济贸易仲裁委员会仲裁员名册,Chairman,n.,主席；委员长，董事长,presiding arbitrator,首席仲裁员,to hear the case,审理案件,award,v.,裁定,Words&Expressions,arbitral award 仲裁的裁决,final and binding 终局的和有约束力的,enforceable 可强制执行的,signatory 签署国,New York Convention 纽约公约,last resort 最后的手段，不得已的事,stipulation 正式规定，约定,attach importance to 对很重视,Useful Phrases and Examples,1.dispute,争论，争议,Their conclusions are open to dispute.,We are confident that the question in dispute will soon be cleared up.,2.attach sth.to sth./sb.,使与相关联；把归于,Do you attach any importance to what he said?,No blames will be attached to you in this affair.,Useful Phrases and Examples,3.consist of由组成,The committee consists of twenty members.,The mixture consists of flour and water.,4.as/so far as sb./sth.is concerned与有关；有牵连,The seller and shipping company share the responsibility,as far as punctual delivery is concerned.,Useful Phrases and Examples,5.go over sth.审阅；仔细检查；核对,Youll have to go over these figures again,they dont add up.,He has gone over the contract and didnt find any mistakes in it.,A,nswer Key-cloze,1)The Chinese government always attaches importance,to,the trade and economic cooperation,with,other members of the Asian and Pacific region,while,enhancing its economic and trade relations the world over.,2)Whatever disputes we have,we should try to iron,out,our differences,through,amicable negotiations.,3)We are,in,a position,to,offer you 50 long tons of Tin Foil Sheets.,A,nswer Key-cloze,4)In this case,transshipment is,to be,allowed and additional cost arising,from,the transshipment shall be,for,the Buyers account.,5)When arbitration is to take place in China,we can,submit,the case,to,CIETAC.,6)The package consists,of,woolen serge in different shades of blue.,7)Its much better to resolve the dispute,through,friendly negotiations,between,the two parties.,A,nswer Key-cloze,8)If we fail to,reach,a settlement,arbitration is the last resort.,9),As far as,punctual delivery is concerned,the seller and shipping company share the responsibility.,10)This tribunal judge the case,without,bias,or,partiality.,A,nswer Key-translation,A:How do you do,Mr.Zhang?,B:How do you do,Mr.Johnson?,A:Since its the first time Im doing business with you,I would like to ask you to clarify on the issue of the arbitration clause.,B:Is there anything in particular you want to know?,A:Mr.Zhang,first of all would you please explain it in general?,B:O.K.Generally speaking,we would like to resolve all disputes amicably by negotiations.,A,nswer Key-translation,A:What if amicable negotiations fail?,B:Then the case may be submitted for arbitration.,A:Mr.Zhang,if there is a dispute between a Chinese company and a foreign company and it goes to arbitration,in which country should the arbitration be held?Will it be in the country of the claimant?Or in the country of the defendant?,B:It really depends on what the parties have agreed between themselves and stipulate in their arbitration agreement.,A:Do you permit arbitration in a third country?,A,nswer Key-translation,B:Yes,we do.Traditionally,our contracts did not contain provision for arbitration in a third country.It is only in recent years that our contract clauses permit arbitration in the third countries.,A:The third countries include.,B:Switzerland and Sweden are most common,but Canada,Singapore,and others have also been included.,A:What procedural rules will apply,if arbitration is to take place in China?,B:The CIETAC procedural rules will apply.,A,nswer Key-translation,A:What about the applicable substantive law?Will it be the Chinese law?,B:Not necessarily.In the case of a sales contract,the parties are free to choose the applicable laws and specify it in their contract.So far as contracts involving foreign investment in China are concerned,the Chinese substantive law will apply.,A:Is the arbitral award final and binding upon the parties?,B:Yes,it is.And an award made in China is enforceable in another country.,A,nswer Key-translation,A:And what about the cost of arbitration in China?Is it very high?,B:No.On the contrary,it is pretty low.,A:Well,this talk is most informative.Anyway,I still prefer to settle dispu
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