1、,國(guó)際貿(mào)易實(shí)務(wù)雙語(yǔ)教程（第三版）,(INTERNATIONAL Business Practice),清華大學(xué)出版社,Unit 12 Disputes, Claim and Arbitration,The objective of this chapter,Dispute and Claim,Force Majeure,Arbitration,Section One Dispute and Claim,Breach of Contract,Breach of contract means the refusal or failure by a party to a contract to fu

2、lfill an obligation imposed on him under that contract, resulting from, e. g. , repudiation of liability before completion, or conduct preventing proper performance. The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depr

3、iving the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract as the consideration for performing those undertaking.,1) Breach by the Seller,2) Breach by the Buyer,3)Both Parties are held respon

4、sible,As to the case, please refer to your case book,Disputes,In international trade, disputes often arise between the two parties when one party thinks that the other fails to carry out the duties stipulated in the contract wholly or partially, which very likely leads to claim, arbitration and lega

5、l action.,Claim,Claim means that in international trade, one party breaks the contract and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses. In some contract, the two parties often stipulate clauses on settlement of claim

6、 as well as inspection and claim clauses.,Claim related to imports,Claim Clauses,1) Discrepancy and claim clause,2) Proofs,3) Period for claim,4) Penalty,Problems Should be Paid Attention to When a Buyer Files a Claim,1) Proofs for claiming,2) Claim amount,3) Claim Period,4) Sellers Responsibility f

7、or Settlement,Clauses in respect of claim in an import and export contract can be fixed as follows:,(1) Discrepancy and claim clause: Claim amount: Period for claim (2) Proofs (3) Penalty:,Section Two Force Majeure,Force majeure means that the frustration of the contract by the party in question res

8、ults from natural or social forces including flood, earthquake, typhoon, fire, war and government decrees of prohibition beyond the control of man. This party shall be free from liability for performance, or be given an option of prolonging the performance of the contract owing to the above-mentione

9、d event or series of events.,In order to clarify what the term of force majeure covers under a particular contract, different ways have been adopted.,1 Stipulate the Force Majeure Clause in a General Way 2 Stipulate the Force Majeure Clause in a Way to List the Contents 3 Stipulate the Force Majeure

10、 Clause in a Way to Colligation,Section Three Arbitration,Dispute commonly to be settled by 3 ways: Conciliation Arbitration Litigation,The definition of arbitration,Arbitration means that the two parties, before or after the disputes arise, reach a written agreement that they will submit the disput

11、es which cannot be settled through amicable negotiations to the third party for arbitration. Normally a board of arbitration consists of three arbitrators. Firstly, the plaintiff and the defendant choose one arbitrator respectively. Then, the two arbitrators so chosen by the plaintiff and defendant

12、choose a third arbitrator.,Issues should be considered in the negotiation of arbitration :,(1)Place of Arbitration (2) Arbitration Body (3) Applicable arbitration rules (4)Arbitral Award Examples of arbitration clauses (Read your text book),The differences between arbitration and legal actions can be generalized as follows,Issues should be considered in the negotiation of arbitration,Examples of arbitration clauses Please read your text book,意外事故,無(wú)法預(yù)見(jiàn)