争议解决条款

1. RESOLUTION OF DISPUTES

1.1 Unless otherwise stipulated in this Document, the Parties shall seek to resolve

any dispute or claim arising out of or under this Document by friendly discussion.

Any Party may notify the other Parties of its desire to enter into consultation to resolve a dispute or claim.

1.2 The Parties may, by agreement, attempt to resolve any dispute or claim by

conciliation (by an authority and under terms and procedures to be agreed in writing) before submitting that dispute or claim to arbitration.

1.3 Any dispute or claim arising out of or under this Document which remains

unresolved after 2 months from the date on which notice is given under clause

14.1, or after a longer period as the Parties may agree in writing, shall be referred

to and settled by arbitration under the Rules of Conciliation and Arbitration of International Chamber of Commerce (Arbitration Rules).

1.4 Where there is any conflict between the Arbitration Rules and this clause 14, the

latter prevails.

1.5 Unless the Parties otherwise agree in writing, arbitration is to be conducted in

Western Australia.

1.6 Any arbitral award is final and binding on the Parties and may be enforced by the

courts of any relevant country.

1.7 The costs of arbitration are borne by the unsuccessful Party; however the arbitral

tribunal may apportion costs amongst the Parties under the Arbitration Rules.

1.8 If any question of law should arise in the course of any arbitration brought under

this Document, no application may be made under section 39 of the Commercial Arbitration Act 1985 (WA) and no appeal shall lie pursuant to section 38(2) of that Act in relation to the award or in relation to an award to which the question of law is material.

1.9 Neither the commencement nor conduct of arbitration will interrupt the Par ties’

performance of their respective obligations under this Document nor affect any of the time limits fixed in this Document. This is not the case if such performance is materially affected by the submission of the matter in dispute to arbitration or by the result of the arbitration. The arbitration tribunal constituted to settle the matter in dispute is empowered to determine whether performance is materially affected.

15.1 Resolution by mutual accord

The Parties shall seek to resolve any dispute or claim arising out of or

in relation to this Agreement by mutual accord. If the dispute or matter

cannot be settled by mutual accord

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between the Parties, such dispute or claim shall be referred to

arbitration in accordance with the Rules of Conciliation and Arbitration

of the International Chamber of Commerce. The board of arbitration

shall be composed of three arbitrators, one of whom shall be chosen

by the Buyer, one by the Seller, and a third by the two so chosen.

15.2 Location of arbitration

If both or either the Buyer or the Seller fail to choose an arbitrator

within fourteen (14) days after receiving notice of commencement of

arbitration proceedings, or if the two arbitrators so chosen cannot

agree upon a third arbitrator within fourteen (14) days after they have

been chosen, the Court of Arbitration of the International Chamber of

Commerce shall, upon request of the Parties or either Party, appoint

the arbitrators required to complete the board and if the Parties fail to

agree upon the place of arbitration, the said Court shall select a place

of arbitration outside the Commonwealth of Australia and the

People’s Republic of China, and such location shal l be accessible to

both Parties for the purpose of attending the arbitration proceedings.

15.3 Obligations continue

Pending the reference to arbitration and thereafter until the board of

arbitration publishes its award, the Buyer and the Seller shall continue

to perform all of their obligations under this Agreement without

prejudice to a final adjustment in accordance with the award.

15.4 Arbitration before court action

No action in a court of law arising out of this Agreement shall be

commenced by one Party against the other unless and until the

dispute or claim has been referred to arbitration as provided in this

clause.

例三

9ARBITRATION

ALL DISPUTES IN CONNECTION WITH THIS CONTRACT OR THE

EXECUTION THEREOF SHALL BE SETTLED AMICABLY BY FRIENDLY

NEGOTIATIONS BETWEEN THE TWO PARTIES. IF NO SETTLEMENT

CAN BE REACHED, THE CASE IN DISPUTE SHALL THEN BE