法律英语(通用版)-7.+争议解决-中英互译2

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法律英语(通用版)
1.和解协议中的权利保留
The Parties agree and confirm that, subject to Article 1.1 hereof, the Settlement under this Agreement is limited to the arbitral requests asserted by A Company in the Application for Arbitration and the Application for Amendment to Arbitration Claims submitted by A Company to CIETAC in this Case. This Agreement neither constitutes nor shall be deemed as a waiver by A Company of any other rights or remedies under the Agreements in Dispute and/or any applicable laws, and all of such rights and remedies are expressly reserved by A Company.
2. 和解协议——违约后果
Notwithstanding the other provisions of this Agreement, if A Company fails to pay and ensure B Company’s receipt of the Settlement Payment fully and timely in accordance with this Agreement and/or breaches other provisions of this Agreement, B Company shall be entitled to any rights and remedies under the Contract and/or any applicable laws, including without limitation the right to claim for the liquidated damages equaling 20% of the total price of the Contract, and shall be entitled to take any further actions including without limitation legal actions to exercise such rights and to seek for such remedies. This Agreement is a supplement to the Contract. Unless expressly indicated otherwise in this Agreement, neither the signing nor the performance of this Agreement shall impact the agreements under the Contract in any way.
3. 仲裁代理意见的引述内容
With respect to the captioned case (the“Case”), we participated in the arbitration proceedings of the Case as agents ad litem of the Claimant1, and attended the hearing and presented evidence and arguments on behalf of the Claimant on August 1, 2000. On the basis of the evidence and arguments we have presented in the Case, we hereby further submit this Post-hearing Statement in writing. We submit that each claim raised by the Claimant has sufficient legal and contractual grounds as well as factual basis, while the Respondent’s defenses lack legal, contractual and factual foundations; and therefore, each and every claim raised by the Claimant shall be upheld by the Tribunal. Please find more details as follows:
1 Unless otherwise defined, the definitions used in this document shall have the same meaning as defined in the Application for Arbitration dated 1 April 2000.
4. 仲裁程序授权委托书的权限描述
1)To attend arbitration hearings and express opinions;
2)To propose and negotiate with the Respondent about settlement terms and conditions, to participate in the conciliation conducted by the arbitral tribunal;
3)To correspond with CIETAC and other parties of or related to this Case; and
4)To exercise the powers and rights of the Principal under any applicable laws, regulations and the arbitration rules of CIETAC, or take any other appropriate actions for the benefit of the Principal in or in connection with this Case.。

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