programme 2 arbitration and dispute settlement

Programme 2 Arbitration and Dispute Settlement

• Objectives:• ● Learn how to deal with arbitration and dispute;• ● Know the procedures of arbitration and dispute

settlement;• ● Practice listening for specific information;• ● Practice communicating with business

partners.• Skills:• ●Deal with the problems concerning arbitration

and dispute settlement in an appropriate way.

Words and phrases

• 1. indispensable adj. 不可缺少的，必需的• 2. Dispute Settlement Mechanism, DSM 争端解决机制

• 3. judicial adj. 司法的• 4. multilateral adj. 多边的• 5. Dispute Settlement Body, DSB 争端解决机构• 6. administer v. 管理，治理• 7. consultation n. 协商• 8. panel n. 专家小组• 9. appellate adj. 上诉的

Words and phrases

• 10. appellate body 上诉机构• 11. implementation n. 执行• 12. execution n. 执行• 13. mutually adv. 相互地• 14. priority n. 优先，优先权• 15. panelist n. 专家组成员• 16. impartial adj. 公平的，公正的• 17. submit v. 递交，呈献• 18. comply v. 遵守，服从

Words and phrases

• 19. adjudication 裁决，判决• 20. suspend v. 取消• 21. concession n. 让步，妥协• 22. appellee n. 被诉方• 23. retaliation n. 报复• 24. appellant n. 上诉方• 25. abide v. 遵守，信守• 26. award n. 裁决，裁定

Brief Introduction

• As an indispensable part of WTO, DSM (Dispute Settlement Mechanism) has created a new judicial mechanism under the global multilateral economy system. DSM has its own Dispute Settlement Body (DSB) which is consisted of all WTO members and administers dispute settlement procedures. Generally, there are four basic phases in the WTO dispute settlement process: consultation, a panel phase, appellate body review, and the implementation process.

Brief Introduction

• When a dispute arises from the execution of WTO agreement among the members, solution mutually acceptable to the parties through consultation is of high priority. However, if the consultation between parties fails to settle the dispute within sixty days, the complaining party may request the formation of panel.

Brief Introduction

• Three panelists outside the involved parties compose a panel unless the parties agree to have five panelists. They must keep objective and impartial throughout the whole proceedings. “The panel shall submit its findings in the form of written report to the DSB.” As a general rule, it shall not exceed six months from the formation of the panel to submission of the report to the DSB.

Brief Introduction

• The DSB establishes a standing Appellate Body that will hear the appeals from panel cases. The Appellate Body “shall be composed of seven persons, three of whom shall serve on any one case.” The Body shall consider only “issues of law covered in the panel report and legal interpretations developed by the panel.”

Brief Introduction

• The parties involved must comply with the final panel or appellate body report. If any party refuses to comply or implement the adjudication within “a reasonable period”, punishment may involve suspending that member’s concession or canceling MFN treatment.

Brief Introduction

• If the appellee is against suspending concession (retaliation) or if it thinks the appellant does not abide by the relevant principles or procedure when it conducts retaliation, the appellee can ask for arbitration, and the arbitration award is final.

Business Conversations

• Conversation 1 What if There Is a Dispute

Words and phrases

• 1. arise from 由……引起• 2. transfer n. 转让• 3. lease n. 租赁• 4. patent n. 专利，专利权• 5. trade mark n. 商标• 6. infringement n. 侵权• 7. came into effect 生效，实施• 8. enable n. 使能够

Words and phrases

• 9. evidence n. 证据• 10. applicable n. 适当的，适用的• 11. appeal n. 上诉• 12. conciliation n. 调解• 13. in accordance with 根据• 14. clause n. 条款• 15. informative n. 长知识的，长见识的

Notes

• 1. transportation of goods 货物运输• 2. transfer of technology 技术转让• 3. how about ……怎么样。这是打听情况或询问消息的常用语，等于 what about。

• 4. patent and trade mark infringement 专利与商标侵权• 5. the Arbitration Fee Schedule 仲裁收费表• 6. evidence concerning the case 有关案件的证据• 7. according to the applicable legal principles 根据适用的法律原则

• 8. in accordance with the arbitration clause 根据仲裁条款

• Task 1 Listen to the conversation 1 and fill in the blanks.

The Key to Task 1

• 1. just at the beginning• 2. some sort of dispute• 3. in other countries• 4. Chinese rules• 5. will be applied• 6. arising from• 7. trade mark• 8. foreign citizens

The Key to Task 1

• 9. came into effect• 10. need to pay• 11. arbitration case• 12. concerning the case• 13. a final decision• 14. decision and award• 15. negotiation fail• 16. come to you

• Task 2 Listen to the conversation again and decide whether the statements are true or false.

• 1. If a foreign firm and a Chinese partner have some sort of dispute, and it comes to arbitration, the arbitration must be conducted only in China.

• 2. Arbitration can be conducted either in China or in other countries. It depends on what both parties have agreed.

• 3. If arbitration takes place in a foreign country, then the rules of the foreign corresponding institution will be applied.

• 4. We can employ either foreign lawyers or Chinese lawyers about patent and trade mark infringement in international trade.

• 1. If a foreign firm and a Chinese partner have some sort of dispute, and it comes to arbitration, the arbitration must be conducted only in China. F

• 2. Arbitration can be conducted either in China or in other countries. It depends on what both parties have agreed. T

• 3. If arbitration takes place in a foreign country, then the rules of the foreign corresponding institution will be applied. T

• 4. We can employ either foreign lawyers or Chinese lawyers about patent and trade mark infringement in international trade. T

• 5. On 1st January 1989 our new rules came into effect, which don't enable foreigners to be included in the panel of arbitrators.

• 6. If you submit your dispute to arbitration, you only need to pay a reasonable arbitration fee in advance according to the Arbitration Fee Schedule.

• 7. CIETAC arranges and supervises the procedures for each arbitration case.

• 8. If one party doesn’t follow the decision and award, the People’s Court in China can enforce it at the request of the other party.

• 5. On 1st January 1989 our new rules came into effect, which don't enable foreigners to be included in the panel of arbitrators. F

• 6. If you submit your dispute to arbitration, you only need to pay a reasonable arbitration fee in advance according to the Arbitration Fee Schedule. T

• 7. CIETAC arranges and supervises the procedures for each arbitration case. T

• 8. If one party doesn’t follow the decision and award, the People’s Court in China can enforce it at the request of the other party. T

• Conversation 2 Working Out the Arbitration Clause

Words and phrases

• 1. in case of 万一，假如• 2. unfortunate incident 不幸事件• 3. settle v. 解决• 4. dispute n. 争端，争执• 5. amicably adv. 友好地，和蔼地• 6. submit v. 提交，递交• 7. arbitration n. 仲裁• 8. permit v. 允许，准许• 9. reassert v. 重申• 10. relevant adj. 相关的，有关的

Words and phrases

• 11. clause n. 条款• 12. stipulate v. 规定，约定• 13. Arbitration Commission 仲裁委员会• 14. China Council for the Promotion of International

Trade 中国国际贸易促进会• 15. the Arbitration Commission of the China Council for

the Promotion of International Trade 中国国际贸易促进会仲裁委员会

• 16. execute 执行• 17. bind 约束，束缚• 18. decision of the arbitration 仲裁决定• 19. conciliation n. 协商，调解

Notes

• 1. in case of 和 in case都有“假如，以防，万一”的意思，但两者用法不同， in case of后接短语， in case (that) 后接从句。例如：

• ⑴In case of any unfortunate incident, we hope we could settle the dispute amicably by negotiation.如果出现了不幸事件，希望我们通过谈判友好地解决争端。

• ⑵In case no settlement can be reached between the two parties, the case under dispute shall be submitted to arbitration. 如果双方不能达成一致的解决意见，争执可提交仲裁。

• 2. submit ... to ... 将……提交给某人，例如：We should submit the case to the court. 我们应当将该案件提交给法院。

Notes

• 3. In China, the Arbitration Commission of the China Council for the Promotion of International Trade will execute the arbitration. 如果在中国，由中国国际贸易促进会仲裁委员会进行仲裁。

• 4. 仲裁是由仲裁机构依据仲裁协议对当事人之间的合同纠纷和其它财产权益纠纷按照法定程序作出有法律效力的裁决的行为。仲裁克服了协商和调节所缺乏的强制性，又避免了法律诉讼的刻板程序及其给今后经济交往所投下的巨大阴影。因此，仲裁已成为纠纷当事双方普遍乐意接受的方式。

The Key to Task 3

• 1. settle the dispute

• 2. negotiation fails

• 3. submitted to arbitration

• 4. a third country

• 5. relevant clause

• 6. in China

The Key to Task 3

• 7. the third country

• 8. the arbitration

• 9. as final

• 10. both parties

• 11. the two parties

• 12. in the contract

• Task 4 Listen to the conversation again and answer the following questions.

• 1. What do Mr. He and Mr. Rodgers hope to do?

• 2. What will they do if negotiation fails?

• 3. Do they permit arbitration in a third country?

• 4. Do they reassert the relevant clause that should be written in our contract?

• 1. What do Mr. He and Mr. Rodgers hope to do?• They hope we could settle the dispute amicably by

negotiation.• 2. What will they do if negotiation fails?• If negotiation fails, the case under dispute shall be

submitted to arbitration.• 3. Do they permit arbitration in a third country?• Yes, they do.• 4. Do they reassert the relevant clause that should be

written in our contract?• Yes, they do.

• 5. Can arbitration be done only in China?

• 6. As stipulated, which country can the third country be?

• 7. Will the decision of the arbitration be accepted as final and binding upon both parties?

• 8. How do the two parties prefer to settle disputes in the end?

• 5. Can arbitration be done only in China?• No, it can't. The arbitration can be done both in the third

country and in China.• 6. As stipulated, which country can the third country be?• As stipulated, the third country can be Switzerland or Hol

land.• 7. Will the decision of the arbitration be accepted as final

and binding upon both parties?• Yes, of course it will.• 8. How do the two parties prefer to settle disputes in the

end?• They prefer to settle disputes by amicable conciliation be

tween them.

• Conversation 3 Consulting the Arbitration

Words and phrases

• 1. clarify v. 澄清• 2. procedural rule 程序规则• 3. be similar to 与……相似• 4. in effect 现行的，生效的• 5. adopt v. 采用• 6. a civil code system 民法制度• 7. applicable adj. 适用的• 8. substantive law 实体法• 9. a sales contract 销售合同

Words and phrases

• 10. Chinese Rules for Arbitration 中国仲裁规则• 11. agree on 同意• 12. a sole arbitrator 独任仲裁员• 13. chairperson n. 主席• 14. presiding arbitrator 首席仲裁员• 15. arbitration panel 仲裁小组• 16. foreign citizen 外国公民• 17. panel of arbitrators 仲裁员名册• 18. cost of arbitration 仲裁费用

Notes

• 1. CIETAC (China International Economic and Trade Arbitration Commission) 中国国际经济贸易仲裁委员会

• 2. The Chinese Rules for Arbitration provide for the appointment of one or three arbitrators. 中国仲裁规则规定，指定一名或者三名仲裁员。

Notes

• 3. They are well-known persons with special knowledge and practical experience in international trade and economics, science and technology, law and other fields. 他们都是在国际贸易与经济、科学技术、法律和其他领域中具有专门知识和实际经验的知名人士。

• 4. 国际商事仲裁，是指不同国家的公民、法人将他们的争议，以书面的形式，自愿交由第三者进行评断和裁决。国际商事仲裁主要运用于国际货物买卖合同中的争议、国际货物运输中的争议、国际保险中的争议、国际贸易中的支付结算中的争议等。

The Key to Task 5

• 1. procedural rules

• 2. in effect

• 3. Chinese law

• 4. applicable laws

• 5. arbitrators

• 6. one or three

The Key to Task 5

• 7. presiding arbitrator

• 8. arbitration panel

• 9. practical experience

• 10. foreign citizens

• 11. very high

• 12. pretty low

• 1. If arbitration is to take place in China, The CIETAC procedural rules will apply.

• 2. The applicable substantive law must be Chinese law.

• 3. In case of a sales contract, the parties are not free to choose the applicable laws.

• 4. The Chinese Rules for Arbitration provide for the appointment of one or three arbitrators.

• 1. If arbitration is to take place in China, The CIETAC procedural rules will apply. T

• 2. The applicable substantive law must be Chinese law. F

• 3. In case of a sales contract, the parties are not free to choose the applicable laws. F

• 4. The Chinese Rules for Arbitration provide for the appointment of one or three arbitrators. T

• 5. The parties may agree on a sole arbitrator if they don't wish to do so.

• 6. Where three arbitrators are to be appointed, the third one is to be appointed by the chairperson of CIETAC as the presiding arbitrator.

• 7. There are not any foreign citizens on the Chinese panel of arbitrators.

• 8. The cost of arbitration in China isn't very high.

• 5. The parties may agree on a sole arbitrator if they don't wish to do so. F

• 6. Where three arbitrators are to be appointed, the third one is to be appointed by the chairperson of CIETAC as the presiding arbitrator. T

• 7. There are not any foreign citizens on the Chinese panel of arbitrators. F

• 8. The cost of arbitration in China isn't very high. T

• Conversation 4 Consulting the Settlement

Words and phrases

• 1. entertain v. 受理，接待• 2. amicably adv. 友好地，和蔼地• 3. in person 亲自• 4. straighten up 纠正错误，纠偏• 5. place of origin 原产地• 6. emphasize v. 强调

Words and phrases

• 7. ripe adj. 成熟的• 8. hail stone 冰雹• 9. try every means 想方设法，千方百计• 10. collect v. 收集，采集• 11. neighboring adj. 邻近的，接壤的• 12. way out 办法，出路

Notes

• 1. have the claim case straightened up 这是 have sth. done的结构，在这里的意思是“使这起索赔案得以解决”。

• 2. I regard it as a great convenience to have this case solved through face-to-face talk. 我认为用面对面的谈话方式解决此案很方便。这里的 it是形式宾语，动词不定式 to have this case solved through face-to-face talk是真正宾语。

Notes

• 3. We made it very clear that the place of origin should be Dalian. 我们很清楚地表明原产地应该是大连。这里的 it是形式宾语， that the place of origin should be Dalian是真正宾语。

• 4. 发现货物不一致要求索赔时，应该从争议案情的具体情况出发，本着平等、互利和实事求是的精神，合理确定损害赔偿的金额或其他处理的方式，要注意前后一致性，切忌相互矛盾，这样才有说服力，也才能使违约者没有逃脱责任的机会，从而使其认真地理赔。

The Key to Task 7

• 1. claim case

• 2. place of origin

• 3. as good as

• 4. cherry growing areas

• 5. meet the needs

• 6. same quality

The Key to Task 7

• 7. has changed

• 8. what you mean

• 9. what I can do

• 10. reduce the price

• 11. all right

• 12. reject the goods

• Task 8 Listen to the conversation again and answer the following questions.

• 1. What has Mr. Rodgers come to China in person for?

• 2. Does Mr. Rodgers regard it as a great convenience to have this case solved through face-to-face talk?

• 3. The place of origin should be Dalian or Shandong?

• 4. Are the cherries produced in Shandong as good as those in Dalian?

• 1. What has Mr. Rodgers come to China in person for?• Mr. Rodgers has come to China in person to have the

claim case straightened up.• 2. Does Mr. Rodgers regard it as a great convenience to

have this case solved through face-to-face talk?• Yes, he does.• 3. The place of origin should be Dalian or Shandong?• It should be Dalian.• 4. Are the cherries produced in Shandong as good as

those in Dalian?• Yes, they are.

• 5. What happened when the cherries were to be ripe in May?

• 6. Where did Mr. He try to collect the same quality cherries from?

• 7. Is there any way out except reducing the price of the cherries?

• 8. Would 1.5% be all right?

• 5. What happened when the cherries were to be ripe in May?

• Most of the cherry growing areas were stricken by hail stones.

• 6. Where did Mr. He try to collect the same quality cherries from?

• He tried to collect the same quality cherries from neighboring Shandong.

• 7. Is there any way out except reducing the price of the cherries?

• No, there isn't.• 8. Would 1.5% be all right?• No, at least 3%.

• Conversation 5 Avoiding the Arbitration

Words and phrases

• 1. keep away from 远离• 2. skincare n. 护肤品• 3. outdated adj. 过期的• 4. inspection certificate 商检证明• 5. in quality 质量上• 6. wrong packing 错误的包装• 7. fine v. 罚款

Words and phrases

• 8. pay for the fee 支付费用• 9. repacking n. 重新包装• 10. official document 正式文件• 11. customs n. 海关• 12. smooth adj. 平安的，顺利的• 13. apologize for 为……感到抱歉

Notes

• 1. This is our inspection certificate, and there’s nothing wrong in quality. 这是我们的检验证明，没有任何质量问题。

• 2. I went to the factory and found out the problem was caused by wrong packing. 我去过工厂，发现问题是由错误包装引起的。

• 3. Do you mean it is not the skincare but the packing that is outdated? 您的意思是护肤品没有过期，而是包装过期了吗？ not......but......是“不是……而是……”的意思，例如：

• ⑴What you want is not a camera but a computer.• ⑵ Not you but he is wrong. 注意： not......but......引导主语时采用就近原则。

Notes

• 4. What’s more, the Coustoms will fine us for that. 而且海关还会因此而对我们罚款。 fine是“罚款”的意思，例如： If we break the trafic rules, the police will fine us.

• 5. I apologize deeply for this mistake. 对这件事情，我深感抱歉。

• 6. 提出索赔时，为争取时间往往首先发出口头通知，明确提出要求或答复，紧接着再当面商议如何处置。索赔时，索赔方也要坚持“有理，有利，有节”的原则，应详细申述理由，并应附以有关证件，使之具有说服力。同时要注意选择灵活的解决方案，尽可能避免将索赔案件提交仲裁。

The Key to Task 9

• 1. received the fax

• 2. 160 boxes

• 3. outdated skincare

• 4. inspection certificate

• 5. the day after tomorrow

• 6. nothing wrong

The Key to Task 9

• 7. are outdated

• 8. wrong packing

• 9. outdated packing

• 10. official document

• 11. on my side

• 12. apologize deeply

• 1. Mr. He didn't receive the fax from America yesterday.

• 2. The fax says 160 boxes of AEV skincare are outdated.

• 3. According to the contract, Mr. Rodgers can accept these outdated skincare.

• 4. The inspection certificate will be sent by fax tomorrow.

• 1. Mr. He didn't receive the fax from America yesterday. F

• 2. The fax says 160 boxes of AEV skincare are outdated. T

• 3. According to the contract, Mr. Rodgers can accept these outdated skincare. F

• 4. The inspection certificate will be sent by fax tomorrow. F

• 5. There’s nothing wrong with inspection certificate in quality.

• 6. The problem is not the skincare but the packing that is outdated.

• 7.Mr. He will not pay for the fees for repacking.

• 8. Mr. He will send Mr. Rodgers' company an official document for his explanation to the customs.

• 5. There’s nothing wrong with inspection certificate in quality. T

• 6. The problem is not the skincare but the packing that is outdated. T

• 7. Mr. He will not pay for the fees for repacking. F

• 8. Mr. He will send Mr. Rodgers' company an official document for his explanation to the customs. T

• Useful Sentences

Different ways of hadling a dispute

• 1. If there is a dispute, it shall be first settled through friendly negotiation.

• 2. Friendly negotiation between the disputing parties is the best way to settle disputes.

• 1. 如果有争议，首先应通过友好的协商来解决。

• 2. 争议各方之间的友好协商是解决争端的最好方式。


• 3. If negotiation fails, it shall be settled by conciliation.

• 4. If both negotiation and conciliation fail, it will be submitted for arbitration.

• 3. 如果协商失败，就需要调解。• 4. 如果协商和调解都失败了，那么问题就要提交仲裁解决。


• 5. Conciliation can be conducted either face to face or by correspondence.

• 6. The first step in conciliation is to find out what the problem is and what the liabilities are.

• 5. 调解既可以面对面地进行，也可以通过信函联系。

• 6. 调解的第一步是找出问题和明确责任。


• 7. Most of the cases can be settled through conciliation.

• 8. The conciliation can take place at any time before an arbitration award is made.

• 7. 许多争端都可以通过调解解决。• 8. 调解可以在仲裁结果宣布以前的任何时候进行。


• 9. When an agreement is reached, the Arbitration Commission issues a conciliatory statement to end the dispute.

• 10. We have worked out a new method of conciliation called “Joint Conciliation”.

• 9. 当达成一致后，仲裁委员会就会发布一则调解声明来结束这场争议。

• 10.我们已找到调解的新办法，称为“联合调解”。


• 11. “Joint Conciliation” means each of the two parties applies to a corresponding institution in his own country to effect conciliation.

• 11.“联合调解”的意思是争议双方各自向他本国的相应机构提出申请来实施调解。


• 12. Upon application, the two arbitration bodies each appoint one or more conciliators to conciliate the case jointly on an equal basis.

• 12接到申请之后，两个仲裁机构各指派一名或多名调解员，在平等的基础上来调和争端。


• 13. If the joint conciliation doesn’t work, the case will be submitted to arbitration in accordance with the arbitration clause.

• 13.如果联合调解未能成功，争端就会依据仲裁条款通过仲裁解决。


• 14. In arbitration, a neutral expert or group of experts called “arbitrators” are chosen by the disputing parties.

• 15. The arbitrators will review all the facts of the case.

• 14.在仲裁过程中，由争议双方选择一个或一组持中立态度的专家，称为“仲裁人”。

• 15.仲裁人会审查与事件相关的所有事实。


• 16. On the basis of facts and legal principles concerned, the arbitrators will make a final decision and award.

• 16.以事实和相应的法律原则为基础，仲裁人将作出最后的决定并发布仲裁声明。


• 17. International arbitration is a method for settling legal disputes between parties from different countries.

• 17.国际仲裁是用来解决不同国家之间各方的法律争端的办法。


• 18. In case of a dispute, the two parties may agree to go to arbitration rather than go to court.

• 19. International arbitration can settle different types of disputes.

• 18.如果发生争执，争执双方可能达成协议接受仲裁而不是走上法庭。

• 19.国际仲裁可以解决不同类型的争端。


• 20. If the disputing parties don’t agree to use arbitration, either party may submit the matter to a court.

• 20.如果争执双方不同意接受仲裁，那么任何一方都可以把事情提交法庭解决。

Comparison between using arbitration and law

• 1. I’d like to discuss the Arbitration clause with you.

• 2. What kinds of disputes do you usually deal with?

• 1. 我愿意和你讨论一下仲裁条款。• 2. 你们通常处理什么样的争端？


• 3. What kinds of cases are seen in China?

• 4. If it comes to arbitration, can we use our own lawyers?

• 3. 在中国通常都有些什么案件？• 4. 如果需要接受仲裁，我们可以雇用我们自己的律师吗？


• 5. We usually handle disputes arising from foreign trade and transportation of goods, insurance, joint ventures involving Chinese and foreign investment, transfer of technology, and so on.

• 5. 我们通常处理由对外贸易、货物运输、保险、涉及中外投资的合资企业、技术转让等等引起的纠纷。


• 6. What are the advantages of using arbitration?

• 7. The process of arbitration may be simpler and faster than court procedure.

• 6. 运用仲裁的有利因素是什么？• 7. 仲裁的过程可能比法律程序简便快捷。


• 8. In some cases, some technical expertise is required to clear all of the facts.

• 9. It may be more helpful to appoint a neutral technical expert rather than a legal expert to resolve the dispute.

• 8. 在某些案件中，需要一些技术上的鉴定来澄清事实。

• 9. 制定一位持久中立立场的技术专家而不是法律专家来解决争端可能对案件更有帮助。


• 10. Is arbitration hearing similar to a court hearing?

• 11. A court hearing takes place in a court.

• 10.仲裁听证会和法庭听证会相似吗？• 11.法庭听证会在法庭上进行。


• 12. An arbitration hearing takes place in a less formal place, such as in a conference room.

• 13. The arbitrators usually sit at the head of the room with the disputing parties on opposite sides from each other.

• 12.仲裁听证会在非正式的场合进行，例如会议室。

• 13.通常，仲裁人于房间内首席就座，争议双方面对面分坐两边。


• 14. The China International Economic and Trade Arbitration Commission (CIETAC) administers arbitration cases in China.

• 15. CIETAC takes care of the arrangement and supervision of the procedures for each arbitration case.

• 14.中国国际贸易仲裁委员会管理在中国范围内的仲裁事务。

• 15.中国国际贸易仲裁委员会负责每个仲裁案件程序的安排和监督。


• 16. At the hearing, the arbitrators ask questions and try to get as much information regarding the facts of the case as possible.

• 16.在听证会上，仲裁人提问并尽可能多地获得有关案件事实的情况。


• 17. At the hearing, each party has the opportunity to present their positions fully and evidence concerning the case.

• 17.在听证会上，各方都有机会充分阐明他们的立场并提供与案件有关的证据。


• 18. After a thorough presentation of the facts and positions by all parties, the arbitrators will analyze the case according to the applicable legal principles.

• 18.在各方充分提供证据、表明立场之后，仲裁人将依据相应的法律条文对案件进行分析。


• 19. A final decision and award is announced after the hearing and after the arbitrators have finished their analysis of the case.

• 19.最后决定和仲裁结果在听证会结束以及仲裁人完成他们对案件的分析之后才宣布。


• 20. Usually, business people feel arbitration is as fair and objective as a court procedure.

• 21. Normally, the parties agree in advance that the arbitration decision and award will be final and can not be appealed.

• 20.通常，商界人士认为仲裁和法庭程序一样公正客观。

• 21.通常，各方事先达成一致意见，即仲裁决定和裁定结果具有最终效力，不得上诉。


• 22. An arbitration award can be enforced in China through legal procedures.

• 23. In some countries, apart from business contracts and construction disputes, some dispute relating to banking and securities are also handled by arbitration.

• 22.在中国，一项仲裁裁决可以通过法律程序得到执行。

• 23.在一些国家，除了商业合同及建筑项目的纠纷外，其他一些和银行、证券相关的纠纷也可通过仲裁解决。


• 24. The arbitrators shall have authority to determine and assess all expenses of the arbitration against one or both of the parties here to.

• 24.仲裁人有权决定和估算当事人一方或双方应付的一切仲裁费用。


• 25. When the claimant submits his application for arbitration, all he has to pay is a reasonable arbitration fee in advance according to the Arbitration Fee Schedule.

• 25.申请者提出仲裁申请时，所需支付的就是根据仲裁费用表事先交纳合理的仲裁费。

Practical Training

• 1. Work in pairs. Complete the following short conversations orally with the expressions you have learnt in business conversations and useful sentences.

Practical Training

• 1) • A: We have a problem with your products.• B: What happened?• A: Some are heavily damaged due to loose

packing. This is obviously your error.• B: We'll do everything we can to straighten

things out (使变直 ).• A: That's not a concrete answer. You have to

answer for (对某物负责 ) any broken equipment.• B: We accept your complaint as being air, but

that's all we can say at this stage.

Practical Training

• 2) • A: (On the phone) The order we placed

yesterday hasn't arrived yet.• B: Hold on, please. I'll call the warehouse and

check up on (核查 ) it.• A: Please do that.• B: We're sorry for the delay. It left there 30

minutes ago.• A: We're out of stock (没有存货 ) now.• B: I wish you wouldn't get so upset. You'll get

your goods soon.

Practical Training

• 3) • A: We offer a 10% reduction on the total shipment.• B: But according to the survey report (检查报告 ), the

10% was not entirely worthless.• A: But as a matter of fact, our customer did not accept

about 10% of the shipment, and we have not yet disposed of the rejected goods (处理退货 ).

• B: All right. Send the damaged pieces back to us, please.

• A: Then we'll meet you halfway (与你妥协 ). We'll bear 5%.

• B: OK. We'll accept your proposal.

Practical Training

• 4)• A: What's the trouble?• B: We have some unexpected production delays.

Please extend the shipping date by two weeks.• A: No, we agreed already. I need the shipment on

time.• B: But we won't be able to make it. I hope you

understand we are proceeding as fast as we can.• A: All right, but this is the last time. Unless you can

supply them by then, we have no alternative but to cancel the contract.

Practical Training

• 5)• A: What the problem?• B: The quality is not up to your usual standards.• A: What the problem?• B: We've had complaints from our customer, and it's not

very good.• A: We found that your last shipment was short of 10

units.• B: Oh, really? I'll send the missing units to you as soon

as possible.• A: What we received was not what we ordered.• B: I'm sorry it happened. We'll send you the correct

products immediately.

Practical Training

• 2. Work in pairs.Interpret the following sentences when your partner speak it out respectively

Practical Training

• 1. 投票的多数决定仲裁结果并提供仲裁的理由。

• 2. 裁决结果具有最终效力，不得上诉。• 1. The arbitration award is made by

majority vote and reasons are given for the decision.

• 2. The award is final and no appeal is permitted.

Practical Training

• 3. 如果仲裁在中国进行，外方可以聘用外国律师代表他们出席听证会吗？

• 4. 仲裁条款经常由各种商业合同体现出来，比如销售合同、保险合同等等。

• 3. If the arbitration takes place in China, foreign parties can employ foreign lawyers to represent them at the hearings.

• 4. Arbitration clauses are often embodied in commercial contracts of all kinds, e.g., contracts of sale, insurance and so on.

Practical Training

• 5. 仲裁人采取准司法性的程序，听取证据，然后根据这些听证来作出决定。

• 6. 仲裁结果可以像法庭判决一样强制执行，在某些情况下可以被免除或废止。

• 5. The arbitrator adots a quasi judicial procedure, hears evidence, and determines the issues in the light of such hearing.

• 6. The arbitrator’s award can be enforced as a court judgment, and may in certain situations be remitted or set aside.

Practical Training

• 7. 仲裁人可以直接指定一名公断人，或在他们意见不一致时指定也可以。

• 8. 仲裁受到法院的监督。• 7. The arbitrators may make the

appointment of an umpire straight away or after they have disagreed.

• 8. Arbitration is supervised by the courts.

Practical Training

• 9. 法院有权撤换行为不端或不正当地延误开展仲裁和作出判定的仲裁人。

• 10.法院有权中止仲裁协议，听取案件汇报，复查仲裁结果。

• 9. The cout has the power to remove an arbitrator who has misconducted himself or unduly delays in conducting the arbitration or making the award.

• 10. The cout has the power to break an arbitration agreement and hear the case itself and review arbitration awards.

programme 2 arbitration and dispute settlement

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