国际商法练习题

选择题1．ADR refers to the following but（D）A. ConciliationB. Good officesC. MediationD. Litigation2．According to the Arbitration Law in China, the party may apply for set aside CIETAC award in the Intermediate People’s Court. (B)A. Where the respondent has place of businessB. Where CIETAC is located.C. Where the respondent has property.D. Where the respondent corporation is incorporated3．According to the Chinese Arbitration Law, the chairman arbitrator should be decided by. ( A ) A. the parties common choice. B. the arbitrators appointed by the parties.C. Neither A and BD. Both A and B.4．Under New York Convention, the national court may refuse to enforce foreign award based on the following conditions except. ( D)A. One of the parties to the arbitration agreement has some incapacity.B. The party was not given proper opportunity to present his case.C.The arbitral tribunal awarded matters beyond the scope of the submission to arbitration.D. The facts found by the arbitral tribunal were wrong5. The doctrine of Competence-Competence refers to that. (B )A. The national court may rule on the validity of the arbitration agreement.B. The arbitration tribunal may rule on its own jurisdiction.C. Both A and B.D. Neither A and B.6. The arbitrable matters in international arbitration is governed by the. ( D )A. New York Convention.B. Model Law on the International Commercial Arbitration.C. Arbitration Rules.D. National law.7.When one party seeks enforcement under New York Convention, the court may refuse to enforce the award not capable of settlement by arbitration by the law of the country. (A)A. where the award is made.B.where the enforcement is sought.C. Both A and B.D. Neither A and B.8.The Chinese Arbitration Law began to implement in the year. ( B )A. 1994B. 1995C. 1990D. 1996判断题1．The FAS (port of shipment) trade term requires a seller to deliver goods to a named port alongside a vessel to be designated by the buyer and in a manner customary to the particular port.（T）2．A transaction is an “international sale”governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) only if the states in which the buyer and seller have their places of business are contracting parties to the convention.（F）3．Contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) have to be in writing to be enforceable.（F）4．An irrevocable letter of credit is a credit on which a second bank has added its endorsement, indicating that it, too, will make payment against the specified documents.（F）5．According to the United Nations Convention on Contracts for the International Sale of Goods (CISG), a contract is not formed until the offeree accepts the offeror's offer.（T）6．The domestic arbitration commissions in China have no authority to deal with cases involving foreign elements.（F）7．The parties to an arbitration agreement may choose anyone, in whom it believes, asarbitrator in China. （F）8．The arbitration agreement is invalid if the parties failed to reach agreement on the particular arbitration commission in accordance with the Arbitration Law in China.（F）9．ADR could not be used in the arbitration and litigation procedure in China.（F）10．A transaction is an “international sale”governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) only if the buyer and seller have their places of business in different states.（T）11．A subsidy is a financial contribution made by a government or other public body that confers a benefit on an enterprise, group of enterprises, or an industry.（）12．Almost all domestic laws allow the parties to a sales contract to define the meaning of the trade terms (such as FCA, CIF, etc.) that they use in their contract.（F）13．Contracts governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) have to be in writing to be enforceable.（F）14．A promissory note is a three party instrument whose parties are the “drawer,”the “drawee”and the “payee”. ( )15．According to the United Nations Convention on Contracts for the International Sale of Goods (CISG), a contract is not formed until the offeree accepts the offeror’s offer.（）16．The World Trade Organization is a new supranational organization with the power to usurp sovereignty from its member states.（）17．ADR could be used in the arbitration and litigation procedure in China.（）18．A transaction is an “international sale”governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) only if the buyer and seller have their places of business in different states.（）19．The parties to an arbitration agreement may choose anyone, in whom it believes, as arbitrator in China. （）20．The arbitration agreement is invalid if the parties failed to reach agreement on the particular arbitration commission in accordance with the Arbitration Law in China.（）定义对应题1. freight forwarder2. bill of lading3. forum selection clause4. tariffsA.A firm that makes or assists in the making of shipping arrangementsB．A provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contractC．A instrument issued by a warehouseman or carrier to a shipper that serves as a receipt for goods shipped, as evidence of the contract of carriage, and as a document of title for the goods. D．Governmental charges imposed on goods at the time they are imported into a state.1. withdrawal2. bill of lading3. offer4. tariffsA. Cancellation by the offeree of an acceptance.B．A proposal by one person to another indicating an intention to enter into a contract under specified terms.C．A instrument issued by a warehouseman or carrier to a shipper that serves as a receipt for goods shipped, as evidence of the contract of carriage, and as a document of title for the goods. D．Governmental charges imposed on goods at the time they are imported into a state.法律术语解释1.merchant law2.individual proprietorship3.anticipatory breach4.arbitral tribunal5.business law6.limited partnership7.fundamental breach8.arbitration问题解答1.what is the deference between one-man company and individual proprietorship in china?2.what is the constitutions of product liability in American?3.what is the deference between limited company and limited partnship in china?4.What is reason to refuse to recognize foreign arbitral awards ?250案例分析题1. On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of January 1.” Is there a contract under CISG? Why?2. Seller in San Francisco agreed to ship goods to Buyer in London under a CIF San Francisco contract. After the goods were loaded aboard the ship, but before it departed from San Francisco, Seller tendered the documents required by the contract to Buyer and asked to be paid. Buyer refused, asserting that it had a right to inspect the goods upon their arrival in London, and that it did not have to pay until it did so and was satisfied that the goods were in compliance with the contract. Seller sues for immediate payment. Will Seller win? why?3. Seller contracted to deliver 1,000 barrels of oil to Buyer for $14,000. When the oil arrived, 975 barrels complied fully with the contract description. Twenty-five were contaminated and unacceptable. Oil in comparable barrels was available in the local market for a price of $18 a barrel in 25-barrel lots. Seller offered not to charge Buyer for the barrels. Is there a contract under CISG? Is so, what payment is due Seller?4. Seller in Bombay sells 5,000 bales of cotton to Buyer, CFR (Incoterms 2000) Liverpool. Seller transports the cotton to the Bombay harbor and to the ship designated, the SS Allthumbs. Due to an error in counting, there are only 4,987 bales loaded. The ship’s bill of lading, however, shows a quantity of 5,000 bales. Seller then signs over the bill of lading to Buyer in exchange for payment in full for the cotton. When the allthumbs arrives in Liverpool, the quantity error is discovered, and Buyer sues the ship for the lost value of the missing bales. Is the ship liable? Would it matter if the Seller admitted that the error was not the ship’s fault, but that of the Seller?。