进出口实务与操作（英文版）Chapter8InternationalCommercialDisputeResolution

,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,第五级,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,第五级,Chapter 8,International Commercial Dispute Resolution,Chapter Objectives,Students will learn:,The role of mediation in resolving disputes.,The role of arbitration in international dispute resolution.,The importance of the New York Convention in enforcing arbitration awards.,The role of ICC in international dispute resolution.,The role of jurisdiction and service of process in commencing international litigation.,Factors weighed by courts in selecting the law to apply to a dispute.,The function of WTO in international commercial dispute.,Chapter Structure,Section One Introduction,Section Two Alternative Dispute Resolution,Section Three Litigation,Section 4 World Trade Organization,Section 1 Introduction,ADR,Litigation,Mediation,Arbitration,Section TwoAlternative Dispute Resolution,Mediation:voluntary,nonbinding,conciliation process,Section TwoAlternative Dispute Resolution,Arbitration:legally binding,award,enforced,by courts,Case 1,The Court rejected the application in the court and confirmed the validity of the arbitration agreement.,Section TwoAlternative Dispute Resolution,Advantages of arbitration,Final,binding decisions,International recognition of arbitral awards,Neutrality,Specialized competence of arbitrators,Speed and economy,Confidentiality,Section TwoAlternative Dispute Resolution,Recognition and Enforcement of Foreign,Arbitral Awards,(The New York Convention of 1958),Courts of each contracting state:,to recognize arbitration agreements in writing and to refuse to allow a dispute to be litigated before them when it is subject to an arbitration agreement;and,to recognize and enforce foreign arbitral awards.,Section TwoAlternative Dispute Resolution,ICC Arbitration,(The International Chamber of Commerce),ICC arbitration standard clause:,“All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.,Section TwoAlternative Dispute Resolution,ICC arbitration distinctive features,The Secretariat of the ICC Court,Designation of arbitrators,Monitoring the arbitral process,Fixing arbitrator remuneration,Scrutinizing arbitral Awards,ICC arbitration process,Section Three Litigation,Problems in international litigation:,personal jurisdiction,service of process,conflict of laws,evidence from abroad,enforcement of judgment,Section Three Litigation,1.Service of Process,Hague Service Convention,The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,Section Three Litigation,2.Jurisdiction,subject matter jurisdiction,Territorial jurisdiction,In rem,jurisdiction,personal,(,in personam,),jurisdiction,Section Three Litigation,3.Conflict of Laws,lex fori,lex partiae,lex domicilii,lex situs,lex loci actus,Section Three Litigation,4.Discovery,Hague Evidence Convention,The,Convention on the Taking of,Evidence Abroad in Civil or,Commercial Matters,Section Three Litigation,5.Enforceability of Judgments,The New York convention,Section Three Litigation,Does CISG apply?,Case 2,Case 3,Section 4World Trade Organization,Understanding on Rules and Procedures Governing the Settlement of Disputes(DSU),Dispute Settlement Body(DSB),