国际商法练习题

选择题

1．ADR refers to the following but（D）

A. Conciliation

B. Good offices

C. Mediation

D. Litigation

2．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 business

B. Where CIETAC is located.

C. Where the respondent has property.

D. Where the respondent corporation is incorporated

3．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 B

D. 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 wrong

5. 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. 1994

B. 1995

C. 1990

D. 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.（）