仲裁法英语单词(1)

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[VIP专享]法律合同词汇参考(部分)+l

法律合同词汇参考（部分）仲裁协议 arbitration agreement仲裁委员会 arbitration commission提前到期acceleration of maturity接受投标 accept a bid承兑汇票 accept bills of exchange承诺acceptance不可抗力Act of God预付advance payment宣誓供述书affidavit分支机构affiliate委托代理人agent ad litem友好协商amicable consultation行政诉讼an administrative siut任何违约及过失any breach or default of the provisions hereof工程的任何部分 any part of the works由此产生的专利any patent arising therefrom工程的任何区段any section of the works适用 apply in/to批准approval仲裁员arbitrator合营公司章程articals of associations股份有限公司 a company limited by shares外商投资股份有限公司 a company limited by shares with foreign investment 赠与合同 a donation contract判处罚金 a fine imposed on有限责任公司 a limited liability company定期贷款 a term loan从头开始，自始ab initio本法所称as mentioned in this law关于as regards依照合同相关规定as provided herein装配 assembly末at the close of借款人证明书 a certificate of the borrower承担民事赔偿责任 a civil compensation assumed by查核账目 audit the accounts裁定award授予合同 award of contract背弃back out of视为be deemed承担法律责任bear the legal liability and responsibility标书 bid蓝本blueprint违约breach of contract营业机构business establishment　营业执照business license经营者 businiess operator　买受人buyer因为by virtue of召开（会议）call资本利润capital ganin承运人carrier重合同，守信用carry out the terms of the contract to the letter and stand by what we say.因果关系causality停止做cease to do证明certify失效cesase to be effective税收的停征cesssation of tax成本加运费（指定目的港）CFR=cost and freight中外合作经营企业 Chinese-foreign cooperative joint ventures民事行为civil act/disposition民法典Civil Code要求赔偿claims compensation税收的开征 collection of tax托收指示(金融) collection order生效come into effect生效come into force开始commencement商业发票commercial invoice对外经济贸易委员会 Commissions for Foreign Trade and Economic Relations承诺费 commitment fee共同错误 common mistake　法人印章common seal已登记成立的公司companies registered补偿性赔偿compensatury damage工程的完工completion of the works竣工completion of the Works部件 components和解（当事人在破产中的）composition关于concerning让步concession没收confiscated相抵触conflict同意consent与本协议不相矛盾consistent with this agreement条件的解释construction of the conditions解释construe咨询公司consultant companies　标的contract object合同总价 contract price承包人contractor违反本法规定contravene the provisions hereof纠纷 controversy召开（会议）conven立约 convenant不动产转让conveyance公司公章corporate seal立约covenants信用卡；信用证 credit贷记入所收资金credit the funds received债权人creditor累加的cumulative损毁damage项目内容 data content thereof水文地质资料 data on hydrological and sub-surface conditions债务人debtor决定或裁决decision and award认为deem违约default瑕疵defect交货delivery滞期demurrage设计图表design sheets设计、技术、工艺、配方、技能和其他资料designs,techniques,workmanship, formulas,skills and other data实施细则detailed rules歧义 difference决定direction贷款发放日disbursement date开发discover, make or develop　争议 dispute扰乱disturb扰乱社会经济秩序disturbing the socio-economic order跟单信用证documentary letters of credit　证明文件documentary proof住址domicile受赠人donee草拟draw up出单人 drawer本协议各方either party hereto业主 employer　附上enclose订合同enter into外商投资企业enterprises with foreign investment平等互利equality and mutual benefit估算estimate意思表示禁反语estoppel by rerseentation违约事件events of default签署票据execute and deliever the note工程的竣工execution of the works惩罚性赔偿exemplary damage免征税款 exemption免税 exemption of tax到期expire期满expire外部因素exterior factors财务公司 finance company用于工程中的for incorporation therein不可抗力force majuere上述声明 foregoing statement外国企业foreign enterprise对外贸易经营者foreign trade dealers制定formulate and prepare随时from time to time更新发明或设计further invention or design一般资料general data通常的和当地的习惯general or local custom一般条款general provisions反悔go back on one's word宽限期grace重大过失gross negligence标题headings暂定协议书heads of agreement特此hereby召开(会议) hold违法所得illegal gains合同的默示条款implied contract provisions改进improvement如果in case that吻合in conformity with一致in conformity with以双方相互承诺为对价 in consideration of the mutual promises 一式两份in duplicate事实上in effect以良好诚信的态度 in good faith上述in question由国务院另行规定in separate regulations issued by the State Council如果in the event that特立此证in witness whereof赔偿indemnities检验inspection检验条款inspection clause保险单据insurrance document最终性条款integration意愿intention内部因素interior factors《国际贸易术语解释通则》 International Rules for the Interpretation of Trade Terms 理解interpretation投资公司investment companies以实物出资investment in kind不可撤销信用证irrevocable credit签发；开具；发出 issue开证行issuing bank会签jointly sign　会签jointly sign　司法判决judgment管辖jurisdiction列明（在合同中）lay down承租人leasee租赁公司leasing companies法人 legal entity合法性legality暂定协议书letter of intent专利证，专利letters patent许可证产品licensed products被许可人licensee许可人licensor外商投资的有限责任公司limited liability company with foreign ivestment灭失loss损失与损坏loss and damage向承包人提供made available to the contractor赡养费 maitenance订明规格make the specification订立（协议）make, sign, conclude ,enter into管理经验managerial expertise载货单manifest生产或操作资料 manufacturing and engineering information旁注marginal notes材料规格material specifications可能有权控制的may have the right to control意思表示一致meeting of minds符合本法条件meets the requirements and provisions hereof暂定协议书memorandum of agreement公司基本章程memorandum of association合并条款merger clauses履约方式method of performance其他事项miscellaneous误解 misconception被陈述人misrepresentee不实陈述misrepresentee修正modificatin多媒体作品 multimedia议付该汇票 negotiate such bills of exchange净资产net assets拒绝承兑（金融）non-acceptance不履行合同non-execution第三方，非合同方 nonparty拒绝付款nonpayment拒不付款non-payment公证人制度notary pubilc本票note尽管本合同有其它规定 notwithstanding any other provision of the contract　据此now therefore标的物 object要约offer要约人，报价人offeror受要约人offferee经常利润ordinary gain正本oringinal另行商定otherwise agreed未了债务outstanding claims and liabilities　平等地位 pari declicto口头证据法则parol evidence rule专利技术 patented technology支付款证书payment certificate理想市场 perfect market永久工程permanent works影印资料 photostasts政府分支机构political subdivisions权限power先例precedent前合同义务precontractual意思表示Presentation主持preside by上述事项；前文所述事项primises在……之前prior to本法施行前prior to the effective date of this law从事慈善性服务的律师pro bono lawyer税率pro rate tax rate没收财产property forfeited专有技术信息 proprietary technical information拒绝证书（金融）protest但是provided that本法规定provisions hereof依照合同相关规定pursuant to provisions contained herein 行情，报价quotation理性人 reasonable man说明条款recitals复议reconsideration弥补；纠正 rectify减税reduction of tax退税 refund of tax偿付 reimbursement　拒绝投标reject a bid拒绝投标reject a bid关于relating to救济remedy报酬remuneration陈述；说明 representations　陈述者representor　合意的要求reqirement of assent请求request要求require明确性的要求 requirement of definiteness自由裁量权right of discretion权益rights and interests特许权使用费royalities版税royalties买卖合同sales contract售货单 sales note　批准，认可 sanction选定或指定selected or appointed出卖人seller分别但不连带地 severally but not jointly应具有约束力shall be binding有权申诉shall have the right to lodge a complaint并不排除shall not exclusive of　应给予赔偿shall pay compensation装运shipping货运代理商shipping agents货运单据shipping document　舱位shipping space即期付款sight payment中外合作经营企业Sino-foreign co-operative joint venture enterprise中外合资经营企业Sino-foreign equity joint venture enterprise社会经济socio-economic特定机器设备specialized machinery and equipment规格specifications股份有限公司规范意见standard Opionion on Companies Limited by Shares有限责任公司规范意见Standard Opionion on Limited Liability Companyies备用信用证standby letters of credit规定state防止欺诈法 statute of frauds规定stipulate转包商subcontractor附属机构；附属公司subsidiary供货商supplier提取货物take delivery技术服务协议 technical assistance agreement技术资料 technical documents　技术诀窍technical know-how临时工程Temporary Works房屋出租tenancy承租人tenant期限；概念term终止条款termination clasuse（贷款）终止日termination day解除合同termination of agreement条件 terms and conditions竣工检验test on completion仲裁委员会the arbitration commission收益方 the beneciary中国国际经济贸易委员会（北京）the China International Economic anf Trade Arbitration Commission,Beijing赔偿请求人the claimant for compensation该通知 the communication中华人民共和国公司法 the Company Law of the People's Repubilc of China资料the data and the information缺陷责任证书the defects liability certificate在付款日the disbursement英国上诉法院The English Court of Appeal开证行the issuing bank兹制定本法 the law is hereby formulated and prepared合法权益the lawful rights and interests计划单列市 the municipalities specifically listed in the State Economic Plan赔偿义务机关the organization with compensatory obligations货方the owner of the goods当事人协议如下 the parties hereto have hereby made and concluded this Agreement as follows 补税 the payment of tax unpaid履约保证the performance security委托人the pricipal本金the principal amount以本法为准 the provisions hereof shall prevail履行审批职责的有关主管部门the relevant responsible authorities with the duty of approvals　国务院有关主管部门the relevant responsible department of the State Council双方受权代表the Representatives authorized by the Parties to this Contract常驻代表机构 the resident representative offices　上述许可证产品the said licensed product本合同期满the termination of this contract中国国际经济贸易仲裁委员会（北京）the Chinese International Economic and Trade Arbitration Commission, Beijing合同中或合同名下的therein or thereunder竣工时间time for completion引进外资to absorb foreign investment据我们所知to the best of our konwledge　图片transparency运输单据transport document合同的典型条款typical contract provisions权能外法理ultra vires就以下条款 under the terms, conditions and provisions specified as follows不正当竞争unfair competation等价有偿valuable considerations计量weight determination不论如何命名或描述 whatever named or described外资企业wholly foreign-owned enterprise外商独资企业wholly foreign-owned enterprises停业wind up a business回避withdrawal不间断地 without interruption措辞wording工艺workmanship合作开发合同cooperative development contract停滞standstill延误delay失败failure停工work stoppages窝工slow work of the labour顺延prolong原材料raw materials设备equipment场地site资金funds技术资料 technical data施工人constractor符合confirm建设质量construction quality无偿free of charge修理repair返工reconstruct改建reconstruct发包人contract letting party逾期overdue交付delivery承担责任be liable for要求require验收inspection and acceptance建设工程construction works合格qualified支付价款make payments of remuneration接收(建设工程) accept报酬，价款remumeration图纸drawing施工图纸construction drawings说明书specifications施工验收规范construction inspection rules质量检验标准quality standard标书 tender招标invitation of tender投标submission of tender公开open公平equal公正fair定作人the ordering party支付报酬pay remureation相应支付corresponding payment当事人另有约定的除外unless otherwise agreed upon by the parties 技术technology承揽人contractor承揽的工作contracted works解除合同rescind the contrsact解除recind承租人lessee租金rent催告urge出租人lessor收回take back利息interest自然人natural persons借款合同loan contract不支付fail to pay利率interest rate违反violate买受人buyer约定agree借款期限loan term合理期限reasonable time limit包装方式package manner通用方式general manner和解conciliation调解mediation仲裁机构arbittation institute仲裁委员会arbiration commission仲裁协议 arbitration agreement起诉bring an lawsuit仲裁裁决arbitration award调解书mediation document要约邀请invitation for offer向自己发出要约make offers to the principal价目表price form拍卖公告public notice of auction招标公告public notice of tender公告public notice招股说明书prospectus商业广告commercial advertisement处理penalize营运资金working capital实收资本paid-up capital筹集（资金）raise工商行政管理机关the industry and commerce administration authorities 调入资金transferred capital注册会计师cetified public accountant业务活动business activity自行终止self-termination中国人民银行People's Bank of ChinaA Resolution for Voluntary 自动清盘决议Abatement 减免或减轻abduction 拐带abortion 堕胎absconding 弃保潜逃Absolute assignment 绝对转让absolute discharge 无条件释放absolute liability 绝对法律责任acquit [v.] 无罪释放Act of God 天灾、神力行为Act 作为Action 诉讼adjourn 休庭、延期聆讯Adult 成人、成年人Affidavit 誓章age of consent 同意年龄Agent 代理人aiding & abetting 教唆、煽动犯罪Arbitration 仲裁arrest 拘捕、逮捕Arrestable Offence 可逮捕的罪行arrestable offence 可逮捕罪行arson 纵火Articles of Association 公司章程assault 殴打Assignment 转让契据asymmetric cryptosystem 非对称密码系统Auditor 核数师Authorized share capital 法定股本Authorized signature 经授权之签名Available act of Bankruptcy 可用的破产作为Bailiff 执达主任bankruptcy debt 破产债项Bearer 持票人beneficiary 受益人Bilingual Laws Advisory Committee 双语法例谘询委员会Board of directors 董事会British Dependent Territories citizen 英国属土公民British Overseas citizen 英国海外公民Building Authority 建筑事务监督Business Registration 商业登记Buyer 买方Certificate of Origin 产地来源证certificate 证书certification practice statement 核证作业准则Chairman of the board of directors 董事会主席Charge 扺押Charge 抵押Chattel 货物或实产Chief Justice 首席大法官Co-owners 联名业主commissioner 监誓员Committed For Trial 交付审判Common Law 普通法Company directors 公司董事Company Secretary 公司秘书Company 公司Condition precedent 先决条件Conditions of Exchange 换地条款Conditions of Grant 批地条款Conditions of Sale 卖地条款Conditions 批地条款Consideration 代价Consul 领事Consular Officer 领事馆官员Contract for service 服务合约Contract of Sale 售卖合约Conversion 侵占copyright notice 版权通知Cost，insurance，freight CIFCounter-offer 反要约Court of Final Appeal 终审法院Creditor 债权人Creditor's Ordinary Resolution 债权人普通决议Creditor's Special Resolution 债权人会议特别决议creditors' committee 债权人委员会creditors' meeting 债权人的会议Creditors' Voluntary Winding 债权人自动清盘damage 损害damages 损害赔偿Debenture 债权证debt provable in bankruptcy or provable debt 可证债权或可证债项Debt Provable in Bankruptcy 可证债项debtor 债务人Deed of Mutual Covenant 大厦公契deed 契据digital signature 数码签署discharge 解除dispute resolution 和调解纠纷dividend 股息Document of Title to Goods 货品的所有权文件dormant 匿名或不活动drawee 受票人drawer 发票人Easement 地役权economic rights 经济权electronic record 电子纪录electronic signature 电子签署Equal Opportunity Commission 平等机会委员会Equitable Charge 公义式扺押Equitable Mortgage 公义式按揭Export 输出、出口Fault 错失Forfeiture 没收租权Freehold 永久业权Future goods 期货Gazette 宪报Government Chemist 政府化验师Government Land Resumption Ordinance 收回官地条例Government Lease 官地租契Group of Companies 公司集团hash function 杂凑函数Import 输入、进口Incumbrance 负累权益information system 资讯系统intellectual property rights 知识产权interim order 临时命令Intermeddling 干预死者的遗产International court of justice 国际法院Joint Tenants 共有权益Judge of the Court of Final Appeal 终审法院大法官Judge 大法官Judgment Creditor 判定债权人Judgment Debtor 判定债务人Judgment 判决Justice，Justice of the peace 太平绅士key pair 配对密码匙land 土地Lands Tribunal 土地审裁处Law Reform Commission 法律改革委员会Law 法律、法例、法Leasehold 租用业权Legal Charge 法定式扺押Legal Mortgage 法定式按揭licensing agreement 许可合同Listed Company 上市公司Medical Practitioner 医生Members' Voluntary Winding Up 成员自动清盘moral rights 精神权利Mortgage 按揭New Territories 新界nominee 代名人Nominee's Report 代名人报告notary 公证人Oath 誓言Offence 罪、罪行、罪项、犯法行为Official Receiver 破产管理署署长Order in Council 枢密院颁令ordinary resolution 普通决议Original court 原讼法院parallel import 平行进口patent 专利Payable at sight 见票即付Payee 受款人Personal Representative 遗产代理人Plaintiff 原告人Police officer 警务人员Power 权、权力Prevailing Market Rent 市值租金Principal Tenant 主租客Prison 狱、监狱Private Company 私人公司private key 私人密码匙Privy Council 枢密院Profit A Prendre 取利权property 财产Property 产权proposal 建议Prospectus 招股章程public key 公开密码匙Quality of Goods 货、货品Regulations 规例Repeal 废除Restrictive Covenant 限制性的约言Reversionary Title 归属主权Right Of Way 过路权或取道权Sale 售卖etary for Justice 律政司司长secured creditor 有抵押债权人Sell 卖、售卖、出售Seller 卖方Share 股﹑股份short term patent 短期专利Sign 签名、签署special resolution 特别决议Specific Goods 特定货品Statutory Declaration 法定声明Subsidiary Legislation 附属法例Summary conviction 简易程序定罪Tenants-in-common 共享权益Tenement 物业单位Term 土地租期Territorial Waters 领海The Office of the Commissioner of Insurance 保险业监理处Title 业权Town Planning Board 城市规划委员会Trade Mark Ordinance 商标条例Trade Mark Registry 商标注册处trade mark relating to goods 货品商标trade mark relating to services 服务商标Trade mark 商标Triable Summarily 可循简易程序审讯Trustee of Bankruptcy 破产受托人trustee 受托人trustworthy system 稳当系统United Kingdom 联合王国Unlisted Company 非上市公司verify a digital signature 核实数码签署voluntary arrangement 个人自愿安排Warranty 保证条款Will 遗嘱years of age 岁、年岁。

法律英语单词汇总

法律英语单词汇总中国特色社会主义法律体系the socialist system of laws with Chinese Characteristics依法治国，建设社会主义法治国家govern the country by law and build a socialist country under the rule of law 刑事诉讼法Criminal Procedure Law民事诉讼法Civil Procedure Law行政诉讼法Administrative Procedure Law民法通则General Principles of the Civil Law暂行条例interim Regulations民族区域自治法Law on Regional Ethnic Autonomy香港特别行政区基本法Basic Law of the Hong Kong Special Administrative Region劳动法Labor Law专利法 Patent Law商标法Trademark Law著作权集体管理条例Regulations on the Collective Administration of Copyright计算机软件保护条例Regulations on the Protection of Computer Software信息网络传播权保护条例 Regulations on the Protection of the Right to Network Dissemination of Information 知识产权海关保护条例Regulations on the Customs Protection of Intellectual Property Right经济合同法 Economic Contract Law环境保护法 Environmental Protection Law水污染防治法Law on the Prevention and Control of Water Pollution大气污染防治法Law on the Prevention and Control ofAtmospheric Pollution固体废物污染环境防治法Law on the Prevention and Control of Pollution by Solid Waste矿产资源法 Mineral Resource Law环境影响评价法Law on Environment Impact Assessment义务教育法Compulsory Education Law高等教育法Higher Education Law职业教育法Vocational Education Law文物保护法Law on the Protection of Cultural Relics消费者权益保护法Law on the Protecti on of Consumers’ Rights and Interests继承法Succession Law产品质量法Product Quality Law反不正当竞争法Anti-Unfair Competition Law海商法 Maritime Code票据法 Negotiable Instruments Law城市房地产管理法Law on Urban Real Estate Administration 对外贸易法Foreign Trade Law中外盒子经营企业法Law on Chinese-Foreign Equity Joint Ventures中外合作经营企业法Law on Chinese-Foreign Cooperation Joint Ventures外资企业法Law on Foreign-funded Enterprises个人独资企业法Law on Individual Proprietorship Enterprises 农村土地承包法Law on the Contracting of Rural Land政府采购法 Government Procurement Law行政处罚法Law on Administrative Penalty行政复议法Administrative Reconsideration Law国家赔偿法Law on National Compensation物权法 Property Law侵权责任法T ort Law人民调解法People’s Mediation Law劳动争议仲裁法Law on Labor Dispute Mediation and Arbitration食品安全法Food Safety LawCIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA第一编总则PART ONE GENERAL PROVISIONS第一章任务、适用范围和基本原则"Chapter I The Aim, Scope of Application and Basic Principles"第一条中华人民共和国民事诉讼法以宪法为根据，结合我国民事审判工作的经验和实际情况制定。

仲裁法(英文)

Arbitration Law of the People's Republic of China(Adopted at the 8th Session of the Standing Committee of the 8thNational People's Congress and Promulgated on August 31, 1994)Whole documentArbitration Law of the People's Republic of China(Adopted at the 8th Session of the Standing Committee of the 8thNational People's Congress and Promulgated on August 31, 1994)Chapter I General ProvisionsArticle 1This Law is formulated in order to ensure that economic disputes shallbe impartially and promptly arbitrated, to protect the legitimate rightsand interests of the relevant parties and to guarantee the healthydevelopment of the socialist market economy.Article 2Disputes over contracts and disputes over property rights andinterests between citizens, legal persons and other organizations as equalsubjects of law may be submitted to arbitration.Article 3The following disputes shall not be submitted to arbitration:1. disputes over marriage, adoption, guardianship,child maintenance and inheritance; and2. administrative disputes falling within the jurisdictionof the relevant administrative organs according tolaw.Article 4The parties adopting arbitration for dispute settlement shall reach anarbitration agreement on a mutually voluntary basis. An arbitrationcommission shall not accept an application for arbitration submitted byone of the parties in the absence of an arbitration agreement.Article 5A people's court shall not accept an action initiated by one of theparties if the parties have concluded an arbitration agreement, unless thearbitration agreement is invalid.Article 6An arbitration commission shall be selected by the parties byagreement.The jurisdiction by level system and the district jurisdiction systemshall not apply in arbitration.Article 7Disputes shall be fairly and reasonably settled by arbitration on thebasis of facts and in accordance with the relevant provisions of law.Article 8Arbitration shall be conducted in accordance with the law, independentof any intervention by administrative organs, social organizations or individuals.Article 9The single ruling system shall be applied in arbitration. Thearbitration commission shall not accept any application for arbitration,nor shall a people's court accept any action submitted by the party in respect of the same dispute after an arbitration award has already been given in relation to that matter.If the arbitration award is canceled or its enforcement has been disallowed by a people's court in accordance with the law, the parties may, in accordance with a new arbitration agreement between them in respect of the dispute, re-apply for arbitration or initiate legal proceedings with the people's court.Chapter II Arbitration Commissions and Arbitration AssociationArticle 10Arbitration commissions may be established in the municipalitiesdirectly under the Central Government, in the municipalities where the people's governments of provinces and autonomous regions are located or, if necessary, in other cities divided into districts. Arbitration commissions shall not be established at each level of the administrative divisions.The people's governments of the municipalities and cities specified inthe above paragraph shall organize the relevant departments and the Chamber of Commerce for the formation of an arbitration commission.The establishment of an arbitration commission shall be registeredwith the judicial administrative department of the relevant province, autonomous region or municipalities directly under the Central Government. Article 11An arbitration commission shall fulfil the following conditions:1. it must have its own name, domicile and Articles of Association;2. it must possess the necessary property;3. it must have its own members; and4. it must have arbitrators for appointment.The articles of association of the an arbitration commission shall be formulated in accordance with this Law.Article 12An arbitration commission shall comprise a chairman, two to fourvice-chairmen and seven to eleven members.The chairman, vice-chairmen and members of an arbitration commission must be persons specialized in law, economic and trade and persons who have actual working experience. The number of specialists in law, economicand trade shall not be less than two-thirds of the members of an arbitration association.Article 13The arbitration commission shall appoint fair and honest person as its arbitrators.Arbitrators must fulfil one of the following conditions:1. they have been engaged in arbitration work for at least eightyears;2. they have worked as a lawyer for at least eight years;3. they have been a judge for at least eight years;4. they are engaged in legal research or legal teaching and in senior positions; and5. they have legal knowledge and are engaged in professional work relating to economics and trade, and in senior positions or of the equivalent professional level.The arbitration commission shall establish a list of arbitratorsaccording to different professionals.Article 14Arbitration commissions are independent of administrative organs and there are no subordinate relations with any administrative organs nor between the different arbitration commissions.Article 15The China Arbitration Association is a social organization with thestatus of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the national general meeting of the members.The China Arbitration Association is an organization in charge ofself-regulation of the arbitration commissions. It shall conduct supervision over the conduct (any breach of discipline) of the arbitration commissions and their members and arbitrators in accordance with its articles of association.The China Arbitration Association shall formulate Arbitration Rules in accordance with this Law and the Civil Procedure Law.Chapter III Arbitration AgreementArticle 16An arbitration agreement shall include the arbitration clausesprovided in the contract and any other written form of agreement concluded before or after the disputes providing for submission to arbitration.The following contents shall be included in an arbitration agreement:1. the expression of the parties' wish to submit to arbitration;2. the matters to be arbitrated; and3. the Arbitration Commission selected by the parties.Article 17An arbitration agreement shall be invalid under any of the following circumstances:1. matters agreed upon for arbitration are beyond the scope of arbitration prescribed by law;2. an arbitration agreement concluded by persons without or with limited capacity for civil acts; and3. one party forces the other party to sign an arbitration agreementby means of duress.Article 18If the arbitration matters or the arbitration commission are notagreed upon by the parties in the arbitration agreement, or, if the relevant provisions are not clear, the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement, the arbitration agreement shall be invalid.Article 19An arbitration agreement shall exist independently. Any changes to, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement.An arbitration tribunal has the right to rule on the validity of a contract.Article 20If the parties object to the validity of the arbitration agreement,they may apply to the arbitration commission for a decision or to a people's court for a ruling. If one of the parties submits to the arbitration commission for a decision, but the other party applies to a people's court for a ruling, the people's court shall give the ruling.If the parties contest the validity of the arbitration agreement, the objection shall be made before the start of the first hearing of the arbitration tribunal.Chapter IV Arbitration ProcedureSection 1: Application and Acceptance for ArbitrationArticle 21The parties applying for arbitration shall fulfil the following conditions:1. they must have an arbitration agreement;2. they must have a specific claim with facts and argument on whichthe claim is based; and3. the arbitration must be within the jurisdiction of the arbitration commission.Article 22The party applying for arbitration shall submit to an arbitration commission the arbitration agreement, an application for arbitration and copies thereof.Article 23An arbitration application shall state clearly the following:1. the name, sex, age, occupation, work unit and address of the party,the name address and legal representative of the legal person or other organization and the name and position of its person-in charge;2. the arbitration claim and the facts and argument on which the claimis based; and3. evidence and the source of evidence, the name and address of the witness (es).Article 24Within 5 days from the date of receiving the arbitration application,the arbitration commission shall notify the parties that it considers the conditions for acceptance have been fulfilled, and that the application is accepted by it. If the arbitration commission considers that the conditions have not been fulfilled, it shall notify the parties in writingof its rejection, stating its reasons.Article 25Upon acceptance of an arbitration application, the arbitration commission shall, within the time limit provided by the Arbitration Rules, serve a copy of the Arbitration Rules and the list of arbitrators on the applicant, and serve a copy of the arbitration application, the Arbitration Rules and the list of arbitrators on the respondent.Upon receipt of a copy of the arbitration application, the respondent shall, within the time limit prescribed by the Arbitration Rules, submitits defence to the arbitration commission. Upon receipt of the defence, the arbitration commission shall, within the time limit prescribed by the Arbitration Rules, serve a copy of the reply on the applicant. The failure of the respondent to submit a defence shall not affect the proceeding of the arbitration procedures.Article 26Where the parties had agreed on an arbitration agreement, but one ofthe parties initiates an action before a people's court without statingthe existence of the arbitration agreement, the people's court shall, unless the arbitration agreement is invalid, reject the action if theother party submits to the court the arbitration agreement before thefirst hearing of the case. If the other party fails to object to thehearing by the people's court before the first hearing, the arbitration agreement shall be considered to have been waived by the party and the people's court shall proceed with the hearing.Article 27The applicant may abandon or alter his arbitration claim. Therespondent may accept the arbitration claim or object to it. It has aright to make a counterclaim.Article 28A party may apply for property preservation if, as the result of anact of the other party or for some other reasons, it appears that an award may be impossible or difficult to enforce.If one of the parties applies for property preservation, thearbitration commission shall submit to a people's court the application of the party in accordance with the relevant provisions of the Civil Procedure Law.If a property preservation order is unfounded, the applicant shall compensate the party against whom the order was made for any losses sustained as a result of the implementation of the property preservation order.Article 29The parties and their legal representatives may appoint lawyers orengage agents to handle matters relating to the arbitration. In the eventthat a lawyer or an agent is appointed to handle the arbitration matters,a letter of authorization shall be submitted to the arbitration commission.Section 2: Composition of the Arbitration TribunalArticle 30An arbitration tribunal may comprise three arbitrators or onearbitrator. If an arbitration tribunal comprises three arbitrators, apresiding arbitrator shall be appointed.Article 31If the parties agree to form an arbitration tribunal comprising three arbitrators, each party shall select or authorize the chairmen of the arbitration commission to appoint one arbitrator. The third arbitratorshall be selected jointly by the parties or be nominated by the chairmanof the arbitration commission in accordance with a joint mandate given by the parties. The third arbitrator shall be the presiding arbitrator.If the parties agree to have one arbitrator to form an arbitrationtribunal, the arbitrator shall be selected jointly by the parties or be nominated by the chairman of the arbitration commission in accordance with a joint mandate given by the parties.Article 32If the parties fail, within the time limit prescribed by theArbitration Rules, to select the form of the constitution of thearbitration tribunal or fail to select the arbitrators, the arbitratorsshall be appointed by the chairman of the arbitration commission.Article 33After the arbitration tribunal is constituted, the arbitrationcommission shall notify the parties in writing of the composition of the arbitration tribunal.Article 34In any of the following circumstances, an arbitrator must withdraw from the arbitration, and the parties shall have the right to apply forhis withdrawal if he:1. is a party or a close relative of a party or of a party's representative;2. is related in the case;3. has some other relationship with a party to the case or with aparty's agent which could possibly affect the impartiality of the arbitration;4. meets a party or his agent in private, accepts an invitation fordinner by a party or his representative or accepts gifts presented by any of them.Article 35When applying for the withdrawal of an arbitrator, the petitioningparty shall state his reasons and submit a withdrawal application before the first hearing. A withdrawal application may also be submitted before the conclusion of the last hearing if reasons for the withdrawal only became known after the start of the first hearing.Article 36Whether an arbitrator is withdrawn or not shall be determined by the chairman of the arbitration commission. If chairman is serving as an arbitrator, the withdrawal or not shall be determined collectively by the arbitration commission.Article 37If an arbitrator is unable to perform his duties as an arbitrator as a result of the withdrawal or any other reasons, another arbitrator shall be selected or appointed in accordance with the provisions of this Law. After a replaced arbitrator has been selected or appointed followingthe withdrawal of an arbitrator, the parties may apply to resume the arbitration procedure. The arbitration tribunal shall determine whether the resumption of the procedure may be allowed. The arbitration tribunal may determine on its own whether the arbitration procedure shall be resumed.Article 38An arbitrator involved in one of the circumstances described in Item 4, Article 34, if it is serious, or those described in Item 6, Article58, such arbitrator shall be legally liable in accordance with the law. The arbitration commission shall remove his name from the list of arbitrators.Section 3: Hearing and Arbitral AwardsArticle 39An arbitration tribunal shall hold a tribunal session to hear an arbitration case. If the parties agree not to hold a hearing, the arbitration tribunal may render an award in accordance with the arbitration application, the defence statement and other documents. Article 40An arbitration shall not be conducted in public. If the parties agreeto a public hearing, the arbitration may proceed in public, except those concerning state secrets.Article 41The arbitration commission shall notify the two parties within thetime limit provided by the Arbitration Rules of the date of the hearing. Either party may request to postpone the hearing with in the time limit provided by the Arbitration Rules if there is a genuine reason. The arbitration tribunal shall decide whether to postpone the hearing. Article 42If the applicant for arbitration who has been given a notice inwriting does not appear before the tribunal without good reasons, or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, such applicant shall be deemed as having withdrawn his application.If the party against whom the application was made was served with a notice in writing but does not appear before the tribunal without due reasons or leaves the tribunal room during a hearing without the permission of the arbitration tribunal, an award by default may be given. Article 43The parties shall produce evidence in support of their claims.An arbitration tribunal may collect on its own evidence it considers necessary.Article 44For specialized matters, an arbitration tribunal may submit for appraisal to an appraisal organ agreed upon by the parties or to the appraisal organ appointed by the arbitration tribunal if it deems such appraisal to be necessary.According to the claim of the parties or the request of thearbitration tribunal, the appraisal organ shall appoint an appraiser to participate in the hearing. Upon the permission of the arbitration tribunal, the parties may question the appraiser.Article 45Any evidence shall be produced at the start of the hearing. Theparties may challenge the validity of such evidence.Article 46In the event that the evidence might be destroyed or if it would be difficult to obtain the evidence later on, the parties may apply for the evidence to be preserved. If the parties apply for such preservation, thearbitration commission shall submit the application to the basic-level people's court of the place where the evidence is located.Article 47The parties have the right to argue during an arbitration procedure.At the end of the debate, the presiding arbitrator or the sole arbitrator shall ask for the final opinion of the parties.Article 48An arbitration tribunal shall make a written record of the hearing. Ifthe parties or other participants to the arbitration consider that the record has omitted a part of their statement or is incorrect in some other respect, they shall have the right to request correction thereof. If no correction is made, the request for correction shall be noted in the written record.The arbitrators, recorder, parties and other participants to the arbitration shall sign or affix their seals to the record.Article 49After the submission of an arbitration application, the parties maysettle the dispute among themselves through conciliation. If a conciliation agreement has been reached, the parties may apply to the arbitration tribunal for an award based on the conciliation agreement. Then may also withdraw the arbitration application.Article 50If the parties fall back on their words after the conclusion of a conciliation agreement and the withdrawal of the arbitration application, application may be made for arbitration in accordance with the arbitration agreement.Article 51Before giving an award, an arbitration tribunal may first attempt to conciliate. If the parties apply for conciliation voluntarily, the arbitration tribunal shall conciliate. If conciliation is unsuccessful, an award shall be made promptly.When a settlement agreement is reached by conciliation, thearbitration tribunal shall prepare the conciliation statement or the award on the basis of the results of the settlement agreement. A conciliation statement shall have the same legal force as that of an award.Article 52A conciliation statement shall set forth the arbitration claims andthe results of the agreement between the parties. The conciliation statement shall be signed by the arbitrators, sealed by the arbitration commission, and served on both parties.A conciliation statement shall have legal effect once signed and accepted by the parties.If the parties fall back on their words before the conciliationstatement is singed and accepted by them, an award shall be made by thearbitration tribunal promptly.Article 53An award shall be based on the opinion of the majority arbitrators.The opinion of the minority arbitrators shall be recorded in writing. Ifan opinion of the minority arbitrators shall be recorded in writing. If an opinion of the majority arbitrators can not be constituted at the tribunal, the award shall be given according to the opinion of the presiding arbitrator.Article 54The arbitration claims, the matters in dispute, the grounds upon whichan award is given, the results of the judgement, the responsibility forthe arbitration fees and the date of the award shall be set forth in the award. If the parties agree not to include in the award the matters in dispute and the grounds on which the award is based, such matters may not be stated in the award. The award shall be signed by the arbitrators and sealed by the arbitration commission. The arbitrator who disagrees with the award may select to sign or not to sign it.Article 55During the course of arbitration by an arbitration tribunal, where apart of facts has been made clear, a partial award may first be given in relation to that part.Article 56The parties may, within 30 days of the receipt of the award, requestthe arbitration tribunal to correct any typographical errors, calculation errors or matters which had been awarded but omitted in the award. Article 57An award shall be legally effective on the date it is given.Chapter V Application for Cancellation of an AwardArticle 58The parties may apply to the intermediate people's court at the place where the arbitration commission is located for cancellation of an awardif they provide evidence proving that the award involves one of the following circumstances:1. there is no arbitration agreement between the parties;2. the matters of the award are beyond the extent of the arbitration agreement or not within the jurisdiction of the arbitration commission;3. the composition of the arbitration tribunal or the arbitration procedure is in contrary to the legal procedure;4. the evidence on which the award is based is falsified;5. the other party has concealed evidence which is sufficient toaffect the impartiality of the award; and6. the arbitrator(s) has (have) demanded or accepted bribes, committed graft or perverted the law in making the arbitral award.The peoples' court shall rule to cancel the award if the existence ofone of the circumstances prescribed in the preceding clause is confirmed by its collegiate bench.The people's court shall rule to cancel the award if it holds that the award is contrary to the social and public interests.Article 59If a party applies for cancellation of an award, an application shallbe submitted within 6 months after receipt of the award.Article 60The people's court shall, within 2 months after receipt of the application for cancellation of an award, render its decision for cancellation of the award or for rejection of the application.Article 61If the people's court holds that the case may be re-arbitrated by the arbitration tribunal after receipt of the application for cancellation ofan award, the court shall inform the arbitration tribunal ofre-arbitrating the case within a certain period of time and rule to suspend the cancellation procedure. If the arbitration tribunal refuses to re-arbitrate, the people's court shall rule to resume the cancellation procedure.Chapter VI EnforcementArticle 62The parties shall execute an arbitration award. If one party fails to execute the award, the other party may apply to a people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law, and the court shall enforce the award.Article 63A people's court shall, after examination and verification by its collegiate bench, rule not to enforce an award if the party against whom an application for enforcement is made provides evidence proving that the award involves one of the circumstances prescribed in Clause 2, Article 217 of the Civil procedure Law.Article 64If one party applies for enforcement of an award while the other party applies for cancellation of the award, the people's court receiving such application shall rule to suspend enforcement of the award.If a people's court rules to cancel an award, it shall rule toterminate enforcement. If the people's court overrules the application for cancellation of an award, it shall rule to resume enforcement.Chapter VII Special provisions on Foreign-Related ArbitrationArticle 65The provisions of this Chapter shall apply to all arbitration ofdisputes arising from foreign economic, trade, transportation or maritime matters. In the absence of provisions in this Chapter, other relevant provisions of this Law shall apply.Article 66A foreign arbitration commission may be organized and established bythe China International Chamber of Commerce.A foreign arbitration commission shall comprise one chairman, several vice-chairmen and several committee members.The chairman, vice-chairmen and committee members may be appointed by the China International Chamber of Commerce.Article 67A foreign arbitration commission may appoint foreigners with professional knowledge in such fields as law, economic and trade, science and technology as arbitrators.Article 68If the parties to a foreign-related arbitration apply for evidence preservation, the foreign arbitration commission shall submit their applications to the intermediate people's court in the place where the evidence is located.Article 69The arbitration tribunal of a foreign arbitration commission mayrecord the details of the hearing in writing or record the essentials ofthe hearing in writing. The written record of the essentials shall besigned or sealed by the parties and other participants in the arbitration. Article 70A people's court shall, after examination and verification by itscollegiate bench, rule to cancel an award if a party to the case provides evidence proving that the arbitration award involves one of the circumstances prescribed in Clause 1, Article 260 of the Civil Procedure Law.Article 71A people's court shall, after examination and verification by itscollegiate bench, rule not to enforce an award-if the party against whoman application is made provides evidence proving that the arbitration award involves one of the circumstances prescribed in Clause 1, Article 260 of the Civil Procedure Law.Article 72Where the party subject to enforcement or its property is not withinthe territory of the People's Republic of China, a party applying for the enforcement of a legally effective arbitration award shall apply directlyto the foreign court having jurisdiction for recognition and enforcementof the award.Article 73Foreign arbitration rules may be formulated by the China International。

《常见法律英语词汇大全》

在线免费法律咨询/ask法律英语常用词汇大全一、律师部分案件受理费 court acceptance fee案情重大、复杂 important and complicated case案由 cause of action 案子 case 包揽诉讼 monopolize lawsuits被告 defendant(用于民事、行政案件); the accused (用于刑事案件)被上诉人 appellee 被诉人 respondent; defendant 本案律师 councel pro hac vice本地律师 local counsel 毕业证 diploma; graduation certificate辩护词 defense; pleadings 辩护律师 defense lawyer 辩护要点 point of defense 辩护意见 submission财产租赁 property tenancy 裁定书 order; ruling; determination(指终审裁定) 裁决书 award(用于仲裁)裁决书 verdict(用于陪审团) 采信的证据 admitted evidence; established evidence草拟股权转让协议 drafting agreement of assignment of equity interests 查阅法条 source legal provisions产权转让 conveyancing 出差 go on errand; go on a business trip 出国深造 further study abroad出具律师意见书 providing legal opinion 出示的证据 exhibit 出庭appear in court 传票 summons; subpoena答辩状 answer; reply 代理词 representation 代理房地产买卖与转让agency for sale and transfer of real estate代理公证、商标、专利、版权、房地产、工商登记 agency for notarization, trademark, patent, copyright, and registration of real estate and incorporations 代理仲裁 agency for arbitration代写文书 drafting of legal instruments待决案件 pending case 当事人陈述 statement of the parties 第三人third party 吊销执业证 revocation of lawyer license调查笔录 investigative record 调查取证 investigation and gathering for evidence 调解 mediation调解书 mediation 二审案件 case of trial of second instance 发送电子邮件 send e-mail 法律顾问 legal consultants法律意见书 legal opinions 法律援助 legal aid 法律咨询 legal counseling法庭 division; tribunal 法学博士学位 LL.D (Doctor of Laws) 法学会law society 法学课程 legal courses法学硕士学位 LL.M (Master of Laws) 法学系 faculty of law; department of law法学学士学位 LL.B (Bachelor of Laws) J.D ( juris doctor缩写，美国法学学士) 法学院 law school法院公告 court announcement 反诉状 counterclaim 房地产律师 real estate lawyer; real property lawyer非合伙律师 associate lawyer 非诉讼业务 non-litigation practice 高级合伙人 senior partner 高级律师 senior lawyer各类协议和合同 agreements and contracts 公安局 Public Security Bureau 公司上市 company listing 公诉案件 public-prosecuting case 公证书 notarial certificate 国办律师事务所 state-run law office 国际贸易international trade国际诉讼 international litigation 国内诉讼 domestic litigation 合伙律师 partner lawyer合伙制律师事务所 law office in partner-ship; cooperating law ofice 合同审查、草拟、修改 contract review, drafting and revision 会见当事人interview a client 会见犯罪嫌疑人 interview a criminal suspect 兼职律师 part-time lawyer监狱 prison; jail 鉴定结论 expert conclusion 缴纳会费 membership dues 举证责任 burden of proof; onus probandi决定书 decision 勘验笔录 record of request 看守所 detention house 抗诉书 protest 控告人 accuser; complainant跨国诉讼 transnational litigation 劳动争议 labor disputes 劳动争议仲裁委员会 arbitration committee for labor disputes劳改场 reform-through-labor farm; prison farm 利害关系人interested party; party in interest律管处处长 director of lawyer control department 律师 lawyer attorney; attorney at law律师惩戒 lawyer discipline 律师法 Lawyer Law 律师费 lawyer fee 律师函lawyer’s letter律师见证 lawyer attestation/authentication 律师见证书 lawyer certification/authentication/witness律师卷宗lawyer’s docile; file 律师刊物lawyer’s jou rnal 律师联系电话 contact phone number of a lawyer律师事务所 law office; law firm 律师收费 billing by lawyer 律师网站 lawyer website律师协会 National Bar (Lawyer) Association 律师协会会员 member of Lawyer Association律师协会秘书长 secretary general of Bar (Lawyer) Association 律师协会章程 Articles of Lawyer Assocition律师业务室lawyer’s office 律师执业证 lawyer license 律师助理assistant lawyer律师资格考试 bar exam; lawyer qualification exam 律师资格证 lawyer qualification certificate民事案件 civil case民事调解 civil mediation 民事诉讼 civil litigation 派出所 local police station; police substation判决 judgement(用于民事、行政案件); determination(用于终审); sentence(用于刑事案); verdict(由陪审团作出)旁证 circumstantial evidence 企业章程 articles of association; articles of incorporation; bylaw企业重组 corporate restructure 起诉状 information; indictment 取消律师资格 disbar全国律师代表大会 National Lawyer Congress 缺席宣判 pronounce judgement or determination by default人民法院People’s Court 人民检察院People’s Procuratorate 认定事实 determine facts上诉案件 case of trial of second instance; appellate case 上诉人appellant 上诉状 petition for appeal涉外律师 lawyers specially handling foreign-related matters 申请复议 administrative reconsideration petition申请加入律师协会 application for admission to Law Association 申请人 petitioner; claimant申诉案件 appeal case 申诉人(仲裁) claimant; plaintiff 申诉书appeal for revision, petition for revision实习律师 apprentice lawyer; lawyer in probation period 实习律师证certificate of apprentice lawyer视听证据 audio-visual reference material 适用法律 apply law to facts 受害人 victim书证 documentary evidence 司法部 Ministry of Justice 司法建议书judicial advise司法局 Judicial Bureau 司法局副局长 deputy director of Judicial Bureau 司法局局长 director of Judicial Bureau司法统一考试 uniform judicial exam 送达 service of process 诉讼litigation; action; lawsuit诉讼当事人 litigation party; litigious party 诉讼业务 litigation practice诉状 complaint; bill of complaint; statement of claim 推销法律服务promote/market legal service外国律师事务所 foreign law office 委托代理合同 authorized representation contract委托代理人 agent ad litem; entrusted agent 委托授权书 power of attorney 物证 material evidence嫌疑人 criminal suspect 项目融资 project financing 项目谈判project negotiating 刑事案件 criminal case刑事诉讼 criminal litigation 行政诉讼 administrative litigation 休庭 adjourn the court; recess宣判 pronounce judgement; determination 宣誓书 affidavit 业务进修attendance in advanced studies一审案件 case of trial of first instance 与国外律师事务所交流communicate with foreign law firms原告 plaintiff 证券律师 securities lawyer 证人证言 testimony of witness; affidavit 执行笔录 execution record执业登记 registration for practice 执业范围 scope of practice; sphere of practice; practice area执业申请 practice application 执业证年检 annual inspection of lawyer license 仲裁 arbitration仲裁案件 arbitration case 仲裁机构 arbitration agency 专门律师specialized lawyer专职律师 professional lawyer; full-time lawyer 撰写法律文章 write legal thesis 资信调查 credit standing investigation自诉案件 private prosecuting case二、诉讼法律案件 case 案件发回 remand/rimit a case (to a low court) 案件名称title of a case 案卷材料 materials in the case案情陈述书 statement of case 案外人 person other than involved in the case 案值 total value involved in the case败诉方 losing party 办案人员 personnel handling a case 保全措施申请书 application for protective measures报案 report a case (to security authorities) 被告 defendant; the accused 被告人最后陈述 final statement of the accused被告向原告第二次答辩 rejoinder 被害人 victim 被害人的诉讼代理人victim’s agent ad litem被上诉人 respondent; the appellee 被申请人 respondent 被申请执行人party against whom execution is filed被执行人 person subject to enforcement 本诉 principal action 必要共同诉讼人 party in necessary co-litigation变通管辖 jurisdiction by accord 辩护 defense 辩护律师 defense attorney/lawyer 辩护人 defender辩护证据 exculpatory evidence; defense evidence 辩论阶段 stage of court debate驳回反诉 dismiss a counterclaim; reject a counterclaim 驳回请求deny/dismiss a motion驳回上诉、维持原判 reject/dismiss the appeal and sustain the original judgement/ruling驳回诉讼 dismiss an action/suit 驳回通知书 notice of dismissal 驳回自诉 dismiss/reject a private prosecution驳回自诉裁定书 ruling of dismissing private-prosecuting case 补充答辩 supplementary answer补充判决 supplementary judgement 补充侦查 supplementary investigation 不公开审理 trial in camera不立案决定书 written decision of no case-filing 不批准逮捕决定书written decision of disapproving an arrest不起诉 nol pros 不予受理起诉通知书 notice of dismissal of accusation by the court财产保全申请书 application for attachment; application for property preservation 裁定 order; determination (指最终裁定)裁定管辖 jurisdiction by order 裁定书 order; ruling 裁决书 award 采信的证据 admitted evidence查封 seal up 撤回上诉 withdraw appeal 撤诉 withdraw a lawsuit 撤销立案 revoke a case placed on file撤销原判，发回重审 rescind the original judgement and remand the case ro the original court for retrial出示的证据 exhibit 除权判决 invalidating judgement (for negotiable instruments) 传唤 summon; call传闻证据 hearsay 答辩 answer; reply 答辩陈述书 statement of defence 答辩状 answer; reply大法官 associate justices; justice 大检察官 deputy chief procurator 代理控告 agency for accusation代理申诉 agency for appeal 代理审判员 acting judge代为申请取保候审 agency for application of the bail pending trial with restricted liberty of moving弹劾式诉讼 accusatory procedure 当事人陈述 statement of the parties当庭宣判 pronouncement of judgement or sentence in court 地区管辖territorial jurisdiction地区检察分院 inter-mediate People’s Procuratorate 第三人 third party 调查笔录 record of investigation定期宣判 pronouncement of judgement or sentence later on a fixed date定罪证据 incriminating evidence; inculpatory evidence 冻结 freeze 督促程序 procedure of supervision and urge独任庭 sole-judge bench 独任仲裁员 sole arbitrator对妨碍民事诉讼的强制措施 compulsory measures against impairment of civil action对席判决 judgement inter parties 二审 trial of second instance 二审案件 case of trial of second insurance罚款 impose a fine 法定证据 statutory legal evidence 法定证据制度system of legal evidence 法官 judges法警 bailiff; court police 法律文书 legal instruments/papers 法律援助 legal aid 法律咨询 legal consulting法庭辩论 court debate 法庭调查 court investigation 法庭审理笔录court record 法庭审理方式 mode of court trial法庭庭长 chief judge of a tribunal 法院 court 法院公告 court announcement 反诉 counterclaim反诉答辩状 answer with counterclaim 反诉状 counterclaim 犯罪嫌疑人criminal suspect附带民事诉讼案件 a collateral civil action 附带民事诉讼被告defendant of collateral civil action复查 reexamination; recheck 复验 reinspect 高级法官 senior judge 高级检察官 senior procurator高级人民法院Higher People’s Court 告诉案件 case of complaint 告诉才处理的案件 case accepted at complaint告诉申诉庭 complaint and petition division 工读学校 work-study school for delinquent children公安部 Ministry of Public Security 公安分局 public securitysub-bureau公安厅 public security bureau at the levels of provinces, autonomous regions and cities under direct jurisdiction of central government 公开审理 trial in public 公开审判制度 open trial system 公示催告程序procedure of public summons for exhortation 公诉案件 public-prosecuting case 公诉词 statement of public prosecution 公证机关 public notary office共同管辖 concurrent jurisdiction 管辖 jurisdiction 国际司法协助international judicial assistance海事法院 maritime court 合议庭 collegial panel 合议庭评议笔录record of deliberating by the collegiate bench和解 composition; compromise 核对诉讼当事人身份 check identity of litigious parties 恢复执行 resumption of execution回避 withdrawal 混合式诉讼 mixed action 基层人民法院 basic People’s Court 羁押期限 term in custody级别管辖 subject matter jurisdiction of courts at different levels 监视居住 living at home under surveillance监狱 prison 检察官 procurator 检察权 prosecutorial power 检察委员会 procuratorial/prosecutorial committee检察院 procuratorate 检察院派出机构 outpost tribunal of procuratorate 简易程序 summary procedure鉴定结论 expert conclusion 经济审判庭 economic tribunal径行判决 direct adjudication without sessions; judgement without notice纠问式诉讼 inquisitional proceedings 拘传 summon by force; summon by warrant 拘留所 detention house举报 information/report of an offence 举证责任 burden of proof; onus probandi 决定书 decision军事法院 military procuratorate 开庭审理 open a court session 开庭通知 notice of court session勘验笔录 record of inquest 看守所 detention house 可执行财产executable property 控告式诉讼 accusatory proceedings控诉证据 incriminating evidence 控诉职能 accusation function 扣押distrain on; attachment 扣押物 distress/distraint宽限期 period of grace 劳动争议仲裁申请书 petition for labor dispute arbitration 劳改场 reform-through-labor farm劳教所 reeducation-through-labor office类推判决的核准程序 procedure for examination and approval of analogical sentence 累积证据 cumulative evidence立案报告 place a case on file 立案管辖 functional jurisdiction 立案决定书 written decision of case-filing立案侦查 report of placing a case on file 利害关系人 interested party 临时裁决书 interim award律师见证书lawyer’s written attestation; lawyer’s written authentication 律师事务所 law office; law firm律师提前介入 prior intervention by lawyer 免于刑事处分 exemption from criminal penalty 民事案件 civil case民事审判庭 civil tribunal 民事诉讼 civil action 民事诉讼法 Civil Procedural Law扭送 seize and deliver a suspect to the police 派出法庭 detached tribunal 派出所 police station判决 judgement; determination 判决书 judgement; determination; verdict (指陪审团作出的) 旁证 circumstantial evidence陪审员 juror 批准逮捕 approval of arrest 破案 clear up a criminal case; solve a criminal case 破产 bankruptcy; insolvency普通程序 general/ordinary procedure 普通管辖 general jurisdiction企业法人破产还债程序 procedure of bankruptcy and liquidation of a business corporation 起诉 filing of a lawsuit起诉 sue; litigate; prosecute; institution of proceedings 起诉状indictment; information区县检察院grassroots People’s Procuratorate 取保候审 the bail pending trial with restricted liberty of moving缺席判决 default judgement 人民调解委员会People’s Mediation Committee认定财产无主案件 cases concerning determination of property as qwnerless认定公民无民事行为能力、限制民事行为能力案件cases concerning determination of a citizen as incompetent or with limited disposing capacity上诉 appeal 上诉人 appellant 上诉状 petition for appeal 少管所juvenile prison社会治安综合治理 comprehensive treatment of social security 涉外案件 cases involving foreign interests涉外民事诉讼 foreign civil proceedings 涉外刑事诉讼 foreign criminal proceedings 申请人 applicant; petitioner申请书 petition; application for arbitration 申请执行人 execution applicant申诉人宣誓书claimant’s affidavit of authenticity 申诉书 appeal for revision; petition for revision神示证据制度 system of divinity evidence 神示制度 ordeal system 审查案件 case review审查并决定逮捕 examine and decide arrest 审查起诉阶段 stage of review and prosecution 审理通知书 notice of hearing审判长 presiding judge 审判长宣布开庭 presiding judge announce court in session审判管辖 adjudgement/trial jurisdiction 审判监督程序 procedure for trial supervision 审判委员会 judicial committee审判员 judge 审问式诉讼 inquisitional proceedings 生效判决裁定legally effective judgement/order胜诉方 winning party 省市自治区检察院higher People’s Procuratorate 失踪和死亡宣告 declaration of disappearance and death 实(质)体证据 substantial evidence 实物证据 tangible evidence 实在证据real evidence示意证据 demonstrative evidence 视听证据 audio-visual evidence 收容所 collecting post; safe retreat首席大法官 chief justice 首席检察官 chief procurator 受害人的近亲属victim’s immediate family受理 acceptance 受理刑事案件审批表 registration form of acceptance of criminal case 受送达人 the addressee书记员 court clerk 书记员宣读法庭纪律 court clerk reads court rules 书证 documentary evidence司法部 Ministry of Justice 司法机关 judicial organizatons 司法警察judicial police 司法局 judicial bureau司法厅 judicial bureau at the levels of provinces, autonomous regions, and cities under direct jurisdiction of central government 司法协助judicial assistance 死缓的复核 judicial review of death sentence with a retrieve死刑复核程序 procedure for judicial review of death sentence 死刑复核权 competence for judicial review of death sentence送达 service of process 送达传票 service of summons/subpoena 送达诉状 service of bill of complaint 搜查 search诉 sue; suit; action; lawsuit 诉前财产保全 property attachment prior to lawsuit 诉讼 litigation; lawsuit; sue; action诉讼保全 attachment 诉讼参加人 litigious participants 诉讼代理人agent ad litem诉状 complaint; bill of complaint; state of claim 特别程序 special procedures 提起公诉 institute a public prosecution铁路法院 railway court 铁路检察院 railroad transport procuratorate 庭审程序 procedure of court trial通缉 wanted for arrest 投案 appearance 退回补充侦查 return of a case for supplementary investigation委托辩护 entrusted defense 未成年人法庭 juvenile court 无行政职务的法官 associate judge无正当理由拒不到庭 refuse to appear in court without due cause 无罪判决acquittal, finding of “ not guilty ”物证 material evidence 先予执行申请书 application for advanced execution 先予执行 advanced execution刑事案件 criminal case 刑事拘留 criminal detention 刑事强制拘留criminal coercive/compulsory measures刑事审判庭 criminal tribunal 刑事诉讼 criminal proceedings 刑事诉讼法 Criminal Procedural Law刑事自诉状 self-incriminating criminal complaint 行政案件administrative case 行政审判庭 administrative tribunal行政诉讼 administrative proceedings 行政诉讼法 Administrative Procedural Law宣告失踪、宣告死亡案件 cases concerning the declaration of disappearance and death宣判笔录 record of rendition of judgement 选民资格案件 cases concerning qualifications of voters询问证人 inquire/question a witness 训诫 reprimand 讯问笔录 record of interrogation询问犯罪嫌疑人 interrogate criminal suspect 言词证据 verbal evidence 要求传唤证人申请书 application for subpoena一裁终局 arbitration award shall be final and binding 一审 trial of first instance 一审案件 case of trial of first instance应诉通知书 notice of respondence to action 有罪判决 sentence; finding of “guilty” 予审 preliminary examinantion; pretrial原告 plaintiff 院长 court president 阅卷笔录 record of file review (by lawyers) 再审案件 case of retrial再审申请书 petition for retrial 责令具结悔过 order to sign a statement of repentance 债权人会议creditors’ meeting侦查阶段 investigation stage 侦查终结 conclusion of investigation征询原、被告最后意见 consulting final opinion of the plaintiff and defendant 证据 evidence证据保全 preserve evidence 证据保全申请书 application for evidence preservation证人证言 testimony of witness; affidavit 支付令 paymentorder/warrant 知识产权庭 intellectual property tribunal执行程序 procedure execution 执行逮捕 execution of arrest 执行和解conciliation of execution执行回转 recovery of execution 执行庭 executive tribunal 执行异议objection to execution 执行员 executor执行中止 discontinuance of execution 执行终结 conclusion of execution 指定辩护 appointed defense指定仲裁员声明 statement of appointing arbitrator 中级人民法院intermediate People’s Court中途退庭 retreat during court session without permission 仲裁arbitration 仲裁被诉人 respondent; defendant仲裁裁决 award 仲裁申请书 arbitration 仲裁申诉人 claimant; plaintiff 仲裁庭 arbitration tribunal仲裁委员会 arbitration committee 仲裁协议 arbitration agreement; clauses of arbitration 仲裁员 arbitrator主诉检察官 principal procurator 助理检察官 assistant procurator 助理审判员 assistant judge专门法院 special court专门管辖 specific jurisdiction 专属管辖exclusive jurisdiction追究刑事责任 investigate for criminal responsibility 自首confession to justice 自诉案件 private-prosecuting case自行辩护 self-defense 自由心证制度 doctrine of discretional evaluation of evidence自侦案件 self-investigating case 最高人民法院 the Supreme People’s Court最高人民检察院the Supreme People’s Procuratorate 最后裁决书final award三、民事法律法律渊源 source of law制定法 statute判例法 case law; precedent普通法 common law特别法 special law固有法 native law; indigenous law继受法 adopted law实体法 substantial law程序法 procedural law原则法 fundamental law例外法 exception law司法解释 judicial interpretation习惯法 customary law公序良俗 public order and moral自然法 natural law罗马法 Roman Law私法 private law公法 public law市民法 jus civile万民法 jus gentium民法法系 civil law system英美法系 system of Anglo-American law 大陆法系 civil law system普通法 common law大陆法 continental law罗马法系 Roman law system英吉利法 English law衡平法 equity; law of equity日尔曼法 Germantic law教会法 ecclesiastical law寺院法 canon law伊斯兰法 Islamic law民法法律规范 norm of civil law授权规范 authorization norm禁止规范 forbidding norm义务性规范 obligatory norm命令性规范 commanding norm民法基本原则 fundamental principles of civil law 平等原则 principle of equality自愿原则 principle of free will公平原则 principle of justice等价有偿原则 principle of equal value exchange 诚实信用原则 principle of good faith行为 act作为 act不作为 omission合法行为 lawful act违法行为 unlawful act民事权利权利能力 civil right绝对权 absolute right相对权 relative right优先权 right of priority先买权 preemption原权 antecedent right救济权 right of relief支配权 right of dominion请求权 right of claim物上请求权 right of claim for real thing形成权 right of formation撤销权 right of claiming cancellation否认权 right of claiming cancellation解除权 right of renouncement代位权 subrogated right选择权 right of choice承认权 right of admission终止权 right of termination抗辩权 right of defense一时性抗辩权 momentary right of defense永久性抗辩权 permanent counter-argument right不安抗辩权 unstable counter-argument right同时履行抗辩权 defense right of simultaneous performance 既得权 tested right期待权 expectant right专属权 exclusive right非专属权 non-exclusive right人身权利 personal right人权 human right人格权 right of personality生命健康权 right of life and health 姓名权 right of name名称权 right of name肖像权 right of portraiture自由权 right of freedom名誉权 right reputation隐私权 right of privacy私生活秘密权 right of privacy贞操权 virginity right身份权 right of status亲权 parental power; parental right 亲属权 right of relative探视权 visitation right配偶权 right of spouse荣誉权 right of honor权利的保护 protection of right公力救济 public protection私力救济 self-protection权利本位 standard of right社会本位 standard of society无责任行为 irresponsible right正当防卫 justifiable right; ligitimate defence防卫行为 act of defence自为行为 self-conducting act紧急避险 act of rescue; necessity自助行为 act of self-help不可抗力 force majeure意外事件 accident行为能力 capacity for act意思能力 capacity of will民事行为 civil act意思表示 declaration of intention意思表示一致 meeting of minds; consensus完全行为能力 perfect capacity for act限制行为能力 restrictive capacity for act准禁治产人 quasi-interdicted person保佐 protection自治产人 minor who is capable of administering his own capacity 无行为能力 incapacity for act禁治产人 interdicted person自然人 natural person公民 citizen住所 domicile居所 residence经常居住地 frequently dwelling place户籍 census register监护 guardianship个体工商户 individual business农村承包经营户 leaseholding rural household合伙 partnership合伙人 partner合伙协议 partnership agreement合伙财产 property of partnership合伙债务 debt of partnership入伙 join partnership退伙 withdrawal from partnership合伙企业 partnership business establishment个人合伙 partnership法人合伙 partnership of legal person特别合伙 special partnership普通合伙 general partnership有限合伙 limited partnership民事合伙 civil partnership隐名合伙 sleeping partnership; dormant partnership私营企业 private enterprise; proprietorship法人 legal person企业法人 legal body of enterprise企业集团 group of enterprise关联企业 affiliate enterprise个人独资企业 individual business establishment国有独资企业 solely state-owned enterprise中外合资企业 Sino-foreign joint venture enterprise中外合作企业 Sino-foreign contractual enterprise社团法人 legal body of mass organization财团法人 legal body of financial group联营 joint venture法人型联营 association of legal persons合伙型联营 coordinated management in partnership协作型联营 cooperation-type coordinated management合作社 cooperative民事法律行为 civil legal act单方民事法律行为 unilateral civil legal act双方民事法律行为 bilateral civil legal act多方民事法律行为 joint act civil legal act有偿民事法律行为 civil legal act with consideration无偿民事法律行为 civil legal act without consideration; civil legal act without award实践性民事法律行为 practical civil legal act诺成性民事法律行为 consental civil legal act要式民事法律行为 formal civil legal act不要式民事法律行为 informal civil legal act要因民事法律行为 causative civil legal act不要因民事法律行为 noncausative civil legal act主民事法律行为 principal civil legal act从民事法律行为 accessory civil legal act附条件民事法律行为 conditional civil legal act附期限民事法律行为 civil legal act with term生前民事法律行为 civil legal act before death死后民事法律行为 civil legal act after death准民事法律行为 quasi-civil legal act无效行为 ineffective act可撤销民事行为 revocable civil act违法行为 illegal act; unlawful act侵权行为 tort欺诈 fraud胁迫 duress乘人之危taking advantage of others’ precarious position以合法形式掩盖非法目的 legal form concealing illegal intention 恶意串通 malicious collaboration重大误解 gross misunderstanding显失公平 obvious unjust误传 misrepresentation代理 agency本人 principal被代理人 principal受托人 trustee代理人 agent本代理人 original agent法定代理人 statutory agent; legal agent委托代理人 agent by mandate指定代理人 designated agent复代理人 subagent再代理人 subagent转代理人 subagent代理权 right of agency授权行为 act of authorization授权委托书 power of attorney代理行为 act of agency委托代理 agency by mandate本代理 original agency复代理 subagency次代理 subagency有权代理 authorized agency表见代理 agency by estoppel; apparent agency律师代理 agency by lawyer普通代理 general agency全权代理 general agency全权代理委托书 general power of attorney共同代理 joint agency独家代理 sole agency居间 brokerage居间人 broker行纪 commission; broker house信托 trust时效 time limit; prescription; limitation时效中止 suspension of prescription/limitation时效中断 interruption of limitation/prescription时效延长 extension of limitation取得时效 acquisitive prescription时效终止 lapse of time; termination of prescription 期日 date期间 term涉外民事关系 civil relations with foreign elements 冲突规范 rule of conflict准据法 applicable law; governing law反致 renvoi; remission转致 transmission识别 identification公共秩序保留 reserve of public order法律规避 evasion of law国籍 nationality国有化 nationalization法律责任 legal liability民事责任 civil liability/responsibility行政责任 administrative liability/responsibility刑事责任 criminal liability/responsibility违约责任 liability of breach of contract; responsibility of default 有限责任 limited liability无限责任 unlimited liability按份责任 shared/several liability连带责任 joint and several liability过失责任 liability for negligence; negligent liability过错责任 fault liability; liability for fault单独过错 sole fault共同过错 joint fault混合过错 mixed fault被害人过错victim’s fault第三人过错third party’s fault推定过错 presumptive fault恶意 bad faith; malice故意 deliberate intention; intention; willfulness过失 negligence重大过失 gross negligence疏忽大意的过失 careless and inadvertent negligence 过于自信的过失 negligence with undue assumption损害事实 facts of damage有形损失 tangible damage/loss无形损失 intangible damage/loss财产损失 property damage/loss人身损失 personal damage/loss精神损失 spiritual damage/loss民事责任承担方式 methods of bearing civil liability 停止侵害 cease the infringing act排除妨碍 exclusion of hindrance; removal of obstacle 消除危险 elimination of danger返还财产 restitution of property恢复原状 restitution; restitution of original state 赔偿损失 compensate for a loss; indemnify for a loss 支付违约金 payment of liquidated damage消除影响 eliminate ill effects恢复名誉rehabilitate one’s reputation赔礼道歉 extend a formal apology物权 jus ad rem; right in rem; real right物权制度 real right system; right in rem system一物一权原则 the principal of One thing, One Right物权法定主义 principal of legality of right in rem物权公示原则 principal of public summons of right in rem 物权法 jus rerem物 property生产资料 raw material for production生活资料 means of livelihood; means of subsistence流通物 res in commercium; a thing in commerce限制流通物 limited merchantable thing禁止流通物 res extra commercium; a thing out of commerce 资产 asset固定资产 fixed asset流动资产 current asset; floating asset动产 movables; chattel不动产 immovable; real estate特定物 res certae; a certain thing种类物 genus; indefinite thing可分物 res divisibiles; divisible things不可分物 res indivisibiles; indivisible things主物 res capitalis; a principal thing从物 res accessoria; an accessory thing原物 original thing孳息 fruits天然孳息 natural fruits法定孳息 legal fruits无主物 bona vacatia; vacant goods; ownerless goods 遗失物 lost property漂流物 drifting object埋藏物 fortuna; hidden property货币 currency证券 securities债券 bond物权分类 classification of right in rem/real right 自物权 jus in re propria; right of full ownership 所有权 dominium; ownership; title所有权凭证 document of title; title of ownership 占有权 dominium utile; equitable ownership使用权 right of use; right to use of收益权 right to earnings; right to yields处分权 right of disposing; jus dispodendi善意占有 possession in good faith恶意占有 malicious possession按份共有 several possession共同共有 joint possession他物权 jus in re aliena用益物权 real right for usufruct使用权 right to use; right of use土地使用权 right to the use of land林权 forest ownership采矿权 mining ownership经营权 managerial authority; power of management承包经营权 right to contracted management相邻权 neighboring right; relatedright地上权 superficies永佃权 jus emphyteuticum; right to landed estate granted in perpetuity through a contract地役权 servitude; easement人役权 servitus personarum; personal servitude担保物权 real right for security物的担保 security for thing物的瑕疵担保 warranty against defect of a thing抵押权 hypotheca; hypothecation; right to mortgage抵押权的设定 creation of right to mortgage抵押人 mortgagor抵押权人 mortgagee抵押标的物 collateral; estate under mortgage抵押权的效力 deffect of right to mortgage抵押权的次序 sequence of right to mortgage抵押权的抛弃 abandonment of right to mortgage。

劳动仲裁法英文版

中华人民共和国劳动争议调解仲裁法(英文版)Law of the People's Republic of China on Mediation and Arbitration of L abor DisputesDecember 29, 2007(Adopted at the 31st Session of the Standing Committee of the 10th National People's Congress on December 29, 2007)Chapter I: General ProvisionsChapter II: MediationChapter III: ArbitrationSection 1 General ProvisionsSection 2 Application and AcceptanceSection 3 Hearing and AwardChapter IV: Supplementary ProvisionsChapter I: General ProvisionsArticle 1 The Law is formulated in order to fairly and timely resolve labor dis putes, protect the lawful rights and interests of the parties and promote harmon ious and stable labor relations.Article 2 The Law shall apply to the following labor disputes between employi ng units and laborers within the territory of the People's Republic of China:1. disputes arising from the confirmation of labor relations;2. disputes arising from the conclusion, performance, alteration and termination of labor contracts;3. disputes arising from name removal, dismissal, resignation or vacation of offi ce;4. disputes arising from working hours, rest days and leave days, social insura nce, fringe benefits, training and labor protection;5. disputes arising from labor remunerations, work injury medical expenses, eco nomic compensation or damages; or6. other labor disputes prescribed by laws and regulations.Article 3 The resolution of labor disputes shall be based on facts and follow t he principles of lawfulness, fairness, timeliness and mediation-oriented to protec t the lawful rights and interests of the parties.Article 4 Where a labor dispute arises, a laborer may have a consultation with the employing unit or request the labor union or a third party to have a consult ation with the employing unit in order to reach a settlement agreement.Article 5 Where a labor dispute arises, the parties are not willing to have a c onsultation, the consultation fails or the settlement agreement is reached but not performed, an application for mediation may be made to an mediation institut e. Where the parties are not willing to mediate, the mediation fails or the medi ation agreement is reached but not performed, an application for arbitration ma y be made to the labor dispute arbitration commission. Where there is objectio n to the arbitral award, litigation may be initiated to a people's court unless ot herwise specified herein.Article 6 Where a labor dispute arises, the parties have the responsibility to gi ve evidence for their own claim. Where the evidence relevant to the dispute m atter is handled and managed by the employing unit, the employing unit shall give such evidence. Where the employing unit does not give evidence, it shall assume any unfavorable consequences.Article 7 Where the party in a labor dispute consists of more than 10 laborers, and they have a joint request, they may recommend a representative to partici pate in mediation, arbitration or litigation activities.Article 8 The labor administrative department of people's governments at the c ounty level or above together with labor unions and enterprise representatives sh all establish a labor relation tripartite mechanism to jointly study and resolve major issues of labor disputes.Article 9 Where an employing unit violates state provisions and labor remunera tions are in arrears or not paid in full, or work injury medical expenses, econom ic compensation or damages are in arrears, the laborer may make a complaint t o the labor administrative department which shall handle the matter in accorda nce with the law.Chapter II: MediationArticle 10 Where a labor dispute arises, the parties may apply for mediation t o the following mediation institutes:1. Enterprise labor dispute mediation commission;2. Basic-level people's mediation institutes established in accordance with the la w;3. Institutes with labor dispute mediation function established in towns and vill ages and districts.The enterprise labor dispute mediation commission shall comprise employee rep resentatives and enterprise representatives. Employee representatives shall be lab or union members or recommended by all employees, and enterprise representativ es are designated by the responsible person of enterprise. The officer of the en terprise labor dispute mediation commission shall be a labor union member or a person recommended by both parties.Article 11 The mediators of labor dispute mediation institutes shall be citizens that are impartial, connected with the mass and passionate about mediation wor k, and have certain legal knowledge, policy level and cultural level.Article 12 The parties that apply for labor dispute mediation may submit an a pplication in writing or orally. Where it is an oral application, the mediation ins titute shall record the basic particulars of the applicant, the matter in dispute t hat requires mediation, the reason and time on the spot.Article 13 To mediate labor disputes, the facts and reasons of both parties shal l be listened and mediation is conducted with patience to assist in reaching an agreement.Article 14 Where an agreement is reached after mediation, a mediation agreem ent shall be prepared.The mediation agreement shall be signed or sealed by both parties, and signed by the mediator as well as sealed by the mediation institute to take effect. It s hall be binding on both parties and both parties shall perform the agreement.The parties may apply for arbitration in accordance with the law if no mediati on agreement is reached within 15 days of the receipt of the mediation applica tion by the labor dispute mediation institute.Article 15 Where the mediation agreement is reached and either party that fails to perform the mediation agreement within the time limit prescribed in the ag reement, the other party may apply for arbitration in accordance with the law.Article 16 Where the mediation agreement is reached in respect of the paymen t of labor remunerations, work injury medical expenses, economic compensatio n or damages in arrears and the employing unit fails to perform the agreement within the time limit prescribed in the agreement, the laborer may apply to the people's court for a payment order in accordance with the law on the strengt h of the mediation agreement. The people's court shall issue the payment order in accordance with the law.Chapter III: ArbitrationSection 1 General ProvisionsArticle 17 Labor dispute arbitration commissions shall be set up pursuant to th e principles of coordinated planning, rational layout and meeting actual needs. People's governments of provinces and autonomous regions may decide to set up a labor dispute arbitration commission at the municipal and county levels; p eople's governments of municipalities directly under the central government ma y decide to set up a labor dispute arbitration commission at district and county levels; and people's governments of cities specifically designated in the state plan and cities with districts may also establish one or several labor dispute arb itration commissions. Labor dispute arbitration commissions are not set up acco rding to administrative areas level by level.Article 18 The labor administrative department under the State Council shall fo rmulate arbitration rules in accordance with the provisions hereof. The labor ad ministrative department of people's governments of provinces, autonomous regio ns and municipalities directly under the central government shall provide guida nce to labor dispute arbitration work within the administrative area.Article 19 Labor dispute arbitration commissions shall comprise the representati ve of the labor administrative department, labor union representative and enterpri se representative. The composition of the labor dispute arbitration commissions shall be an odd number.Labor dispute arbitration commissions shall perform the following functions and duties in accordance with the law:1. appointment and dismissal of full-time or part-time arbitrators;2. acceptance of labor dispute cases;3. discussion of major or complicated labor dispute cases; and4. supervision of arbitration activities.Labor dispute arbitration commissions shall set up offices to handle the day-to-day work of the labor dispute arbitration commissions.Article 20 Labor dispute arbitration commissions shall have an arbitrator registe r.Arbitrators shall be impartial and fulfill any of the following requirements:1. having served as an adjudicator;2. engaging in legal research or teaching with a designation of middle level or a bove;3. having legal knowledge and engaging in human resources management, labo r union work or other professional work for five full years; or4. having legal practice for three full years.Article 21 Labor dispute arbitration commissions shall be responsible for the la bor disputes occurred in the district under their jurisdiction.Labor disputes shall be handled by the labor dispute arbitration commission at the place where the labor contract is performed or at the place where the empl oying unit locates. Where both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed or th e place where the employing unit locates, the labor dispute shall fall within th e jurisdiction of the labor dispute arbitration commission at the place where th e labor contract is performed.Article 22 The laborer in a labor dispute and the employing unit are the partie s to labor dispute cases.Where there is a labor dispute between a labor deployment unit and a laborer, the labor deployment unit and the employing unit are the joint parties.Article 23 The third party that has an interest in the result of the handling of a labor dispute case may apply for participating in arbitration activities or be no tified to participate in arbitration activities by the labor dispute arbitration com mission.Article 24 The parties may appoint an agent to participate in arbitration activiti es. To appoint an agent to participate in arbitration activities, a power of attor ney signed or sealed by the appointer shall be submitted to the labor dispute ar bitration commission. The power of attorney shall set out the appointment matt er and the authority.Article 25 A laborer that has lost full or partial civil capability shall participate in arbitration activities by his legal representative. Where there is no legal rep resentative, an agent shall be designated by the labor dispute arbitration commi ssion. Where the laborer has died, his close relative or agent shall participate in arbitration activities.Article 26 The arbitration of labor disputes shall be conducted openly, unless t he parties agree not to conduct openly or state secrets, trade secrets or personal privacy is involved.Section 2 Application and AcceptanceArticle 27 The time limit for application for arbitration in labor disputes is on e year. The validity of arbitration shall be calculated from the date the parties know or shall have known the infringement of their rights.The validity of arbitration as prescribed in the previous paragraph shall be inte rrupted where either party claims its rights against the other party; or the releva nt department requests for the right of relief, or the other party agrees to perfor m its obligations. The validity of arbitration shall be calculated again from the time of interruption.Where the parties cannot apply for arbitration within the validity of arbitration as prescribed in Paragraph One of this article due to force majeure or other pro per reasons, the validity of arbitration is suspended. The validity of arbitration shall resume following the non-existence of the reason for suspension.Where a dispute arises within the subsistence of labor relations due to labor re munerations in arrears, the laborer that applies for arbitration shall not be restri cted by the validity of arbitration prescribed in Paragraph One of this article. However, where the labor relations are terminated, the application for arbitratio n shall be submitted within one year of the termination of the labor relations.Article 28 The applicant that applies for arbitration shall submit a written arbit ration application and submit duplicates in accordance with the number of the respondents.The arbitration application shall set out the following matters:1. Name, gender, age, occupation, working unit and domicile of the laborer; na me and domicile of the employing unit and name and duties of the legal repre sentative or person-in-charge;2. the request for arbitration and the facts and reasons on which such request is based; and3. evidence and the source thereof, the name and domicile of the witness.Where the applicant has difficulty in submitting a written arbitration application, an oral application may be made and recorded by the labor dispute arbitration commission which informs the other party.Article 29 The labor dispute arbitration commission shall, within five days of r eceipt of the arbitration application, accept the application and inform the appli cant if it considers that the acceptance conditions are fulfilled; if the acceptanc e conditions are not fulfilled, it shall notify the applicant in writing and state t he reason. Where the labor dispute arbitration commission does not accept or fa ils to make a decision within the time limit, the applicant may initiate litigatio n to the people's court in respect of such labor dispute.Article 30 The labor dispute arbitration commission shall, after acceptance of t he arbitration application, serve a duplicate of the arbitration application on the respondent within five days.The respondent shall, upon receipt of the duplicate of arbitration application, su bmit a statement of defense to the labor dispute arbitration commission within 10 days. The labor dispute arbitration commission shall, within five days of re ceipt of the statement of defense, serve a copy of the defense on the applicant. Where the respondent does not submit a statement of defense, the arbitration proceedings shall not be affected.Section 3 Hearing and AwardArticle 31 The award of labor disputes cases by labor dispute arbitration com missions adopts the arbitral tribunal system. The arbitral tribunal shall comprise three arbitrators and has a chief arbitrator. Simple labor dispute cases may be arbitrated solely by an arbitrator.Article 32 The labor dispute arbitration commission shall, within five days of acceptance of arbitration application, inform the applicant of the composition of the arbitral tribunal in writing.Article 33 Where an arbitrator is under any of the following circumstances, he shall withdraw, and the parties also have the right to submit written or oral wi thdrawal application:1. he is a party to the case or a close relative of the parties or agents;2. he has an interest in the case;3. he has other relations with the parties to the case and their agents which m ay affect fair award;4. he has meetings with the parties or agents without authorization or send gifts to the parties or agents.The labor dispute arbitration commission shall timely make a decision on with drawal application and inform the parties orally or in writing.Article 34 Where an arbitrator is under the circumstances prescribed in Item 4 of Article 33 hereof or accepts bribe, practices graft or perverts the law, he shall assume legal liability in accordance with the law and the labor dispute arbitr ation commission shall dismiss him.Article 35 The arbitral tribunal shall inform both parties of the date and place of hearing in writing five days before the hearing. Where either party has a proper reason, an extension of hearing may be requested three days before the hearing. The labor dispute arbitration commission shall make a decision on ex tension or not.Article 36 Where the applicant has received a written notification but fails to be present without proper reason or withdraws from the hearing without the app roval of the arbitral tribunal, it may be deemed revocation of arbitration applic ation.Where the respondent has received a written notification but fails to be present without proper reason or withdraws from the hearing without the approval of t he arbitral tribunal, he may be absent from the award.Article 37 Where the arbitral tribunal considers that verification is required for specialized issues, the parties may agree on the verification organization, wher e there is no agreement or no agreement can be reached between the parties, v erification shall be done by the verification organization designated by the arbit ral tribunal.The verification organization may, at the request of the parties or the arbitral tri bunal, dispatch verification personnel to participate in the hearing. The parties may raise questions to the verification personnel with the permission of the arb itral tribunal.Article 38 The parties shall have the right to cross-examine evidence and debat e in arbitral proceedings. Upon the completion of cross-examination of evidenc e and debate, the chief arbitrator or the sole arbitrator shall solicit the final opi nion of the parties.Article 39 The arbitral tribunal shall, upon verification that the evidence provid ed by the parties are substantiated, confirm that it is the basis of the acknowle dged facts.Where the laborer fails to give evidence in relation to the arbitration request h andled and managed by the employing unit, the arbitral tribunal may request t he employing unit to provide such evidence within the prescribed time limit. Where the employing unit fails to provide such evidence within the prescribed time limit, it shall assume the unfavorable consequences.Article 40 The arbitral tribunal shall make a written record of the hearing. The parties and other participants of arbitration shall have the right to make corre ction if they consider that the records of their statements are omitted or in error. If no supplementation is made, such application shall be recorded.The written record shall be signed or sealed by the arbitrators, recording person nel, the parties and other participants of arbitration.Article 41 The parties may settle on their own after application for labor dispu te arbitration. Where the settlement agreement is reached, the arbitration applica tion may be withdrawn.Article 42 The arbitral tribunal shall mediate before making an award.Where an agreement is reached after mediation, a statement of mediation shall be prepared by the arbitral tribunal.The statement of mediation shall state the request for arbitration and the result agreed by the parties. The statement of mediation shall be signed by arbitrato rs and sealed by the labor dispute arbitration commission and serve on the par ties. The statement of mediation shall carry legal effect after acknowledgement.If mediation fails or either party gives back before the service of the statement of mediation, the arbitral tribunal shall make an award timely.Article 43 Where the arbitral tribunal makes an award to labor dispute cases, i t shall do so within 45 days of the acceptance of the arbitration application by the labor dispute arbitration commission. If an extension is required due to co mplexity of the case, an extension may be allowed with the approval of the of ficer of labor dispute arbitration commission and the parties shall be informed in writing, but the extension may not exceed 15 days. If no arbitral award ismade after the time limit, the parties may initiate litigation in relation to the l abor dispute to the people's court.Where the arbitral tribunal makes an award to a labor dispute case and partial facts are clear, an award may be made on such parts.Article 44 In respect of cases for the claim of labor remunerations, work injur y medical expenses, economic compensation or damages, the arbitral tribunal ma y, pursuant to the application of the parties, make an award on advance execut ion and transfer to the people's court for execution.Where the arbitral tribunal makes an award on advance execution, the followin g conditions shall be fulfilled:1. there is a clear relation of rights and obligations between the parties; and2. if there is no advance execution, the living of the applicant will be seriousl y affected.Where a laborer applies for advance execution, no security may be provided.Article 45 Awards shall be made in accordance with the opinions of arbitrators in majority, and other opinions of the arbitrators in minority shall be recorded. Where the arbitral tribunal cannot form a majority opinion, the award shall b e made in accordance with the opinion of the chief arbitrator.Article 46 The statement of award shall set out the arbitration request, the fact in dispute, the reason for award, the result of award and the date of award. The award shall be signed by arbitrators and sealed by the labor dispute arbitr ation commission. Arbitrators with different opinions towards the award may si gn or not sign.Article 47 In respect of the following labor disputes, the arbitral award shall b e the final award and the statement of award shall have legal effect from the date of making unless otherwise stated hereof:1. disputes in relation to the claim of labor remunerations, work-related injury medical expenses, economic compensation or damages which do not exceed the local monthly wage standard for an amount of 12 months;2. disputes arising from working hours, rest days and leave days and social ins urance in the implementation of state labor standards.Article 48 Where a laborer has objection to the arbitral award prescribed in Ar ticle 47 hereof, he may initiate litigation to the people's court within 15 days of the receipt of the statement of award.Article 49 Where an employing unit has evidence to prove that the arbitral aw ard prescribed in Article 47 hereof is under any of the following circumstances, it may apply for revocation of award to the intermediate people's court at the place where the labor dispute arbitration commission locates within 30 days o f the receipt of the statement of award.1. the applicable laws and regulations are in error;2. the labor dispute arbitration commission has no jurisdiction;3. the statutory proceedings are violated;4. the evidence on which the award is based is forged;5. the other party has concealed evidence that is sufficient to affect a fair awa rd;6. the arbitrator accepts bribe, practices graft, and perverts the law.If the people's court composed as collegiate bench has verified that any of the circumstances prescribed in the previous paragraph exists, it shall revoke the award.Where the arbitral award is revoked by the people's court, the parties may initi ate litigation to the people's court in relation to such labor dispute within 15 d ays of the receipt of the statement of award.Article 50 Where the parties have objection to the arbitral award of other labo r dispute cases other than those prescribed in Article 47 hereof, they may initi ate litigation to the people's court within 15 days of the receipt of the stateme nt of award. If no litigation is initiated, the statement of award shall have lega l effect.Article 51 The parties shall perform the statement of mediation and statement of award that carry legal effect within the time limit in accordance with provis ions. If either party fails to perform within the time limit, the other party may apply for execution to the people's court in accordance with the relevant prov isions of the Civil Procedure Law. The people's court that accepts the applicati on shall execute in accordance with the law.Chapter IV Supplementary ProvisionsArticle 52 Where the working personnel on the appointment system of instituti ons have a labor dispute with the unit, this Law shall be followed; if laws, ad ministrative regulations or the provisions of the State Council provide otherwise, such provisions shall be followed.Article 53 The arbitration of labor disputes are free of charge. The funding of labor dispute arbitration commissions are protected by the treasury.Article 54 The Law shall come into effect from May 1, 2008.。

国际商事争议英文词汇摘录

国际商事争议解决研究术语摘录常设仲裁法院permanent court of arbitration 国际商会The International Chamber of Commerce，ICC 国际商会友好争议解决规则The ICC Amicable Dispute Resolution Rules 在线争议解决方法Online Dispute Resolution.，ODR 替代性争议解决Alternative Dispute Resolution，ADR 裁判adjudication 自然公正natural justice 正当程序due process 美国公众援救中心center of public sources，CPR 英国争议解决中心The Center for Effective Dispute Resolution，CEDR 管辖根据jurisdiction basis 直接国际裁判管辖权Direct international jurisdictional competence 间接国际裁判管辖权indirect international jurisdictional competence 欧洲自由贸易联盟European Free Trade Association，EFTA 取证嘱托书rogatory commission 审判前文件保留discovery of document 仲裁arbitration 实质性连结因素material connecting factors 联邦仲裁法federal arbitration act，FAA 产业化industry 国际的仲裁文化international arbitration culture程序公正procedural justice 实体公正substantive justice 显然漠视法律原则manifest disregard of law 仲裁协议arbitration agreement 往来函电in an exchange of letters or telegrams 临时仲裁ad hoc arbitration 自动移转规则automatic assignment rule 披露本人的代理agency of disclosed principal 未披露本人的代理agency of undisclosed principal 显名代理agency of named principal 隐名代理agency of unnamed principal 仲裁条款独立性理论doctrine of arbitration clause autonomy 又（称仲裁条款自治性理论reparability of arbitration clause 仲裁条款分离性理论severability of arbitration clause 仲裁条款分割性理论theory of autonomy of the arbitration clause）合同自始无效uoid ab initio 无中不能生有ex nitil nil fit 特殊类型sui genceris 管辖权自决学说compentence de la compentence（Kompetenz-kompetenz。

劳动争议调解仲裁法中英对照小红书

《劳动争议调解仲裁法：中英对照》一、背景介绍劳动争议调解仲裁法（以下简称“劳动法”）是国家为了维护劳动者合法权益，促进和谐劳动关系而制定的重要法律法规。

劳动法在我国社会主义市场经济体制下，对于解决劳动纠纷、维护劳动者的合法权益起着至关重要的作用。

劳动法的颁布实施，是政府加强社会主义法治建设，促进劳动关系和谐稳定的重要举措。

劳动法的实施也为各类争议提供了明确的解决途径和规则，为职工维护合法权益提供了有效的司法保障。

二、中英对照1. 劳动争议调解仲裁法Labor Dispute Mediation and Arbitration Law2. 争议调解Dispute Mediation3. 仲裁Arbitration4. 法律援助Legal Aid5. 人民调解People’s Mediation6. 劳动争议解决机构Labor Dispute Resolution Institution7. 争议和纠纷Disputes and Disputes8. 职工权益Workers' Rights9. 劳动合同Labor Contract10. 经济补偿Economic Compensation11. 职业伤害Occupational Injury12. 工资支付Wage Payment13. 公司解散Company Dissolution14. 强制执行Enforcement15. 法律责任Legal Liability三、法律适用范围劳动法是广泛适用于劳动争议解决领域的法律，其中涉及劳动关系的各种争议和纠纷均可依法适用。

具体包括但不限于：1. 劳动合同纠纷2. 经济补偿和福利权益纠纷3. 职业伤害和劳动者权益纠纷4. 工资支付和劳动保障纠纷5. 公司解散及裁员安置纠纷6. 法律责任纠纷四、个人观点劳动法对于维护劳动者的权益、推动劳动关系和谐稳定具有重要作用，但在实际运用中还存在一些问题和挑战。

一些企业和用人单位并不严格履行劳动法规定，导致劳动者的权益受到侵害。

仲裁法英文版

仲裁法英文版Arbitration LawIntroductionArbitration is an alternative dispute resolution mechanism that provides parties with a more efficient and cost-effective way to resolve their disputes outside of traditional court litigation. It has gained significant popularity in the international arena due to its flexibility and neutrality. This article aims to provide an overview of the arbitration law, highlighting its key features and benefits.Definition of ArbitrationArbitration can be defined as a method of resolving disputes by referring them to a neutral third party, known as an arbitrator or arbitral tribunal. The arbitrator, or a panel of arbitrators, is appointed by the parties involved in the dispute. The decision reached through arbitration, known as the arbitral award, is legally binding and enforceable.Key Features of Arbitration1. Voluntary Process: Unlike court litigation, arbitration is a voluntary process that requires the mutual consent of the parties involved. This allows for a more flexible and efficient resolution of disputes.2. Confidentiality: Arbitration proceedings are often conducted in private, ensuring the confidentiality of the dispute. This is particularly important in commercial disputes, where parties may wish to avoid negative publicity or protect sensitive business information.3. Choice of Arbitrators: Parties have the freedom to choose arbitrators who possess relevant expertise and experience in the subject matter of the dispute. This allows for a more specialized decision-making process.4. Limited Judicial Intervention: Courts generally have a limited role in arbitration proceedings. They primarily intervene in matters such as the appointment of arbitrators, enforcement of awards, or setting aside an award in exceptional circumstances.5. International Recognition and Enforcement: Arbitral awards are recognized and enforceable in a vast number of countries due to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This facilitates the enforcement of awards across national borders.Benefits of Arbitration1. Efficiency: Arbitration proceedings are typically less time-consuming compared to court litigation. This is primarily due to the absence of lengthy pre-trial procedures, which allows parties to expedite the resolution of their disputes.2. Cost-Effectiveness: Arbitration often proves to be a more cost-effective method of resolving disputes, as it eliminates certain expenses associated with court litigation, including extensive document production, lengthy hearings, and multiple appeals.3. Neutrality: Arbitration provides parties with a neutral forum, ensuringa fair and impartial decision-making process. This is particularly important in cross-border disputes, where parties may come from different legal and cultural backgrounds.4. Expertise: Parties have the ability to select arbitrators with expertise in the subject matter of the dispute. This allows for a more informed and specialized decision, resulting in a fair and reasonable resolution.ConclusionArbitration serves as an effective and efficient method of resolving disputes, offering numerous benefits to parties involved. The flexibility, confidentiality, and specialized expertise provided by arbitration make it an attractive option for both domestic and international disputes. As the legal landscape continues to evolve, arbitration is likely to play an increasingly significant role in the resolution of conflicts worldwide.。

劳动争议调解仲裁法-中英文

General Principles of the Civil Law of the People's Republic of China中华人民共和国民法通则Promulgating Institution: National People's CongressDocument Number: Order No. 37 of the President of the People's Republic of China Promulgating Date: 04/12/1986Effective Date: 01/01/1987Validity Status: R evised颁布机关: 全国人民代表大会文号: 中华人民共和国主席令第三十七号颁布时间: 04/12/1986实施时间: 01/01/1987效力状态: 已修订Text正文Order No. 37 of the President of the People's Republic of China(Adopted at the Fourth Session of the Sixth National People's Congress, and promulgated by Order No. 37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987)Li Xiannian, President of the People's Republic of China12 April 1986中华人民共和国主席令第三十七号《中华人民共和国民法通则》已由中华人民共和国第六届全国人民代表大会第四次会议于1986年4月12日通过，现予公布，自1987年1月1日起施行。

1996 年仲裁法(英文版)Arbitration Act 1996

Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)Arbitration Act 19961996 CHAPTER 23An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.[17th June 1996] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Annotations:Extent InformationE1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.1998/1658, art. 2(1), Sch. 1Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)2Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details) Annotations:Extent InformationE1This Act extends to England, Wales and Northern Ireland; for exceptions see s.108 Modifications etc. (not altering text)C1Act modified (11.11.1999) by 1999 c. 31, s. 8(1)(2) (with application as mentioned in s. 10(2)(3)) C2Act excluded (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24 (with s. 81(2)); S.I. 1996/3146, art. 3 (with transitional provisions in art. 4, Sch. 2)Act excluded (1.8.1998) by 1992 c. 52, s. 212A(6) (as inserted (1.8.1998) by 1998 c. 8, s. 7; S.I.1998/1658, art. 2(1), Sch. 1Act excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3Act excluded (31.3.2002) by The Dairy Produce Quotas Regulations 2002 (S.I. 2002/457), regs. 2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34Act excluded (31.3.2002) by The Dairy Produce Quotas (Wales) Regulations 2002 (S.I. 2002/897), regs.2, 9(b), 10(1)(b)(4)(b), 11(2), 33(5)(b)(iii), Sch. 1 para. 34C3Power to apply conferred (11.9.1996 for certain purposes and otherwise 1.5.1998) by 1996 c. 53, s.108(6); S.I. 1996/2352, art. 2(2); S. I. 1998/650, art. 2C4Act applied (E.) (4.7.2002) by Vehicular Access Across Common and Other Land (England) Regulations 2002 (S.I. 2002/1711), regs. 1, 12(3)(b)P ART IA RBITRATION PURSUANT TO AN ARBITRATION AGREEMENT Annotations:Modifications etc. (not altering text)C5Pt. I excluded (E.W.) (1.11.1996) by 1996 c. 56, s. 336(4), 476(4), 582(4), Sch. 40, para. 4 (with s. 1(4)) Pt. I excluded (31.1.1997) by 1988 c. 8, s. 6 (as substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3para. 49; S.I. 1996/3146, art. 3 (with art. 4, Sch. 2))Pt. I excluded (N.I.) (1.3.1999) by S.I. 1998/3162 (N.I. 21), art. 89(6); S.R. 1999/81, art. 3 C6Pt. I (ss. 1-84) excluded (E.W.) by 1998 c. 14, s. 16(9) (which is in force: at 4.3.1999 for specified purposes by S.I. 1999/528, art. 2(a), Sch.; at 5.7.1999 for specified purposes by S.I. 1999/1958, art.2(1)(b), Sch. 1 (with transitional provisions in Sch. 12, and as amended by S.I. 1999/3178, art. 3(20),Sch. 20); at 6.9.1999 for specified purposes by S.I. 1999/2422, art. 2(c), Sch. 1 (subject to transitionalprovisions in Sch. 14, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); at 5.10.1999 for specified purposes by S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2); at 18.10.1999for specified purposes by S.I. 1999/2860, art. 2(c), Sch. 1 (subject to transitional provisions in Schs.16-18, and as amended by S.I. 1999/3178, art. 3(20), Sch. 20); 29.11.1999 for specified purposes by S.I.1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in s. 5 and Schs. 21-23) C7Pt. I (ss. 1-84) excluded by S.I. 1998/1506 (N.I. 10), art. 16(9) (which is in force: at 10.3.1999 for specified purposes by S.R. 1999/102, art. 2(a), Sch. Pt. I; at 5.7.1999 for specified purposes by S.R.1999/310, art. 2(1)(b), Sch. 1; at 6.9.1999 for specified purposes by S.R. 1999/371, art. 2(b), Sch. 1; at5.10.1999 for specified purposes by S.R. 1999/407, art. 2(b), Sch.; at 18.10.1999 for specified purposesby S.R. 1999/428, art. 2(b), Sch. 1; at 29.11.1999 for specified purposes by S.R. 1999/472, art. 2(1),Sch. 1)C8Pt. I excluded (E.W.) (1.9.2000) by 1999 c. 14, s. 9(4); S.I. 2000/2337, art. 2(1)(e)Pt. I excluded (prosp.) by 1999 c. 14, ss. 9(4), 14(2)Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-103Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)Pt. I excluded (N.I.) (22.11.2000 for specified purposes and otherwise 2.7.2001) by 2000 c. 4, ss. 59, 68, Sch. 7 para. 10 (with s. 66(6)); S.R. 2000/358, art. 2, Sch. Pt. II; S.R. 2001/141, art 2(1)(c), Sch.Pt. I excluded (E.W.) (2.7.2001) by 2000 c. 19, s. 68, Sch. 7 para. 10(8) (with s. 83(6)); S.I. 2001/1252, art. 2(2)(a)(i)C9Pt. I: specified provisions applied (with modifications) (N.I.) (28.4.2002) by Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 (S.R. 2002/120), art. 3, Sch.Introductory1General principles.The provisions of this Part are founded on the following principles, and shall be construed accordingly—(a)the object of arbitration is to obtain the fair resolution of disputes by an impartialtribunal without unnecessary delay or expense;(b)the parties should be free to agree how their disputes are resolved, subject onlyto such safeguards as are necessary in the public interest;(c)in matters governed by this Part the court should not intervene except asprovided by this Part.2Scope of application of provisions.(1)The provisions of this Part apply where the seat of the arbitration is in England andWales or Northern Ireland.(2)The following sections apply even if the seat of the arbitration is outside England andWales or Northern Ireland or no seat has been designated or determined—(a)sections 9 to 11 (stay of legal proceedings, &c.), and(b)section 66 (enforcement of arbitral awards).(3)The powers conferred by the following sections apply even if the seat of the arbitrationis outside England and Wales or Northern Ireland or no seat has been designated or determined—(a)section 43 (securing the attendance of witnesses), and(b)section 44 (court powers exercisable in support of arbitral proceedings);but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.(4)The court may exercise a power conferred by any provision of this Part not mentionedin subsection (2) or (3) for the purpose of supporting the arbitral process where—(a)no seat of the arbitration has been designated or determined, and(b)by reason of a connection with England and Wales or Northern Ireland the courtis satisfied that it is appropriate to do so.(5)Section 7 (separability of arbitration agreement) and section 8 (death of a party) applywhere the law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.4Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)3The seat of the arbitration.In this Part “the seat of the arbitration” means the juridical seat of the arbitration designated—(a)by the parties to the arbitration agreement, or(b)by any arbitral or other institution or person vested by the parties with powersin that regard, or(c)by the arbitral tribunal if so authorised by the parties,or determined, in the absence of any such designation, having regard to the parties’agreement and all the relevant circumstances.4Mandatory and non-mandatory provisions.(1)The mandatory provisions of this Part are listed in Schedule 1 and have effectnotwithstanding any agreement to the contrary.(2)The other provisions of this Part (the “non-mandatory provisions”) allow the partiesto make their own arrangements by agreement but provide rules which apply in the absence of such agreement.(3)The parties may make such arrangements by agreeing to the application of institutionalrules or providing any other means by which a matter may be decided.(4)It is immaterial whether or not the law applicable to the parties’ agreement is the lawof England and Wales or, as the case may be, Northern Ireland.(5)The choice of a law other than the law of England and Wales or Northern Ireland as theapplicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter.For this purpose an applicable law determined in accordance with the parties’agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.5Agreements to be in writing.(1)The provisions of this Part apply only where the arbitration agreement is in writing, andany other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing.The expressions “agreement”, “agree” and “agreed” shall be construed accordingly.(2)There is an agreement in writing—(a)if the agreement is made in writing (whether or not it is signed by the parties),(b)if the agreement is made by exchange of communications in writing, or(c)if the agreement is evidenced in writing.(3)Where parties agree otherwise than in writing by reference to terms which are in writing,they make an agreement in writing.(4)An agreement is evidenced in writing if an agreement made otherwise than in writingis recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-105Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(5)An exchange of written submissions in arbitral or legal proceedings in which theexistence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.(6)References in this Part to anything being written or in writing include its being recordedby any means.The arbitration agreement6Definition of arbitration agreement.(1)In this Part an “arbitration agreement” means an agreement to submit to arbitrationpresent or future disputes (whether they are contractual or not).(2)The reference in an agreement to a written form of arbitration clause or to a documentcontaining an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.7Separability of arbitration agreement.Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.8Whether agreement discharged by death of a party.(1)Unless otherwise agreed by the parties, an arbitration agreement is not discharged bythe death of a party and may be enforced by or against the personal representatives of that party.(2)Subsection (1) does not affect the operation of any enactment or rule of law by virtueof which a substantive right or obligation is extinguished by death.Stay of legal proceedings9Stay of legal proceedings.(1)A party to an arbitration agreement against whom legal proceedings are brought(whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.(2)An application may be made notwithstanding that the matter is to be referred toarbitration only after the exhaustion of other dispute resolution procedures.(3)An application may not be made by a person before taking the appropriate proceduralstep (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.6Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(4)On an application under this section the court shall grant a stay unless satisfied that thearbitration agreement is null and void, inoperative, or incapable of being performed.(5)If the court refuses to stay the legal proceedings, any provision that an award is acondition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.10Reference of interpleader issue to arbitration.(1)Where in legal proceedings relief by way of interpleader is granted and any issuebetween the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.(2)Where subsection (1) applies but the court does not direct that the issue be determinedin accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.11Retention of security where Admiralty proceedings stayed.(1)Where Admiralty proceedings are stayed on the ground that the dispute in questionshould be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest—(a)order that the property arrested be retained as security for the satisfaction ofany award given in the arbitration in respect of that dispute, or(b)order that the stay of those proceedings be conditional on the provision ofequivalent security for the satisfaction of any such award.(2)Subject to any provision made by rules of court and to any necessary modifications,the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.Commencement of arbitral proceedings12Power of court to extend time for beginning arbitral proceedings, &c.(1)Where an arbitration agreement to refer future disputes to arbitration provides that aclaim shall be barred, or the claimant’s right extinguished, unless the claimant takes within a time fixed by the agreement some step—(a)to begin arbitral proceedings, or(b)to begin other dispute resolution procedures which must be exhausted beforearbitral proceedings can be begun,the court may by order extend the time for taking that step.(2)Any party to the arbitration agreement may apply for such an order (upon notice tothe other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-107Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(3)The court shall make an order only if satisfied—(a)that the circumstances are such as were outside the reasonable contemplationof the parties when they agreed the provision in question, and that it would bejust to extend the time, or(b)that the conduct of one party makes it unjust to hold the other party to the strictterms of the provision in question.(4)The court may extend the time for such period and on such terms as it thinks fit, andmay do so whether or not the time previously fixed (by agreement or by a previous order) has expired.(5)An order under this section does not affect the operation of the Limitation Acts (seesection 13).(6)The leave of the court is required for any appeal from a decision of the court underthis section.13Application of Limitation Acts.(1)The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.(2)The court may order that in computing the time prescribed by the Limitation Acts for thecommencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter—(a)of an award which the court orders to be set aside or declares to be of no effect,or(b)of the affected part of an award which the court orders to be set aside in part,or declares to be in part of no effect,the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.(3)In determining for the purposes of the Limitation Acts when a cause of action accrued,any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.(4)In this Part “the Limitation Acts” means—(a)in England and Wales, the M1Limitation Act 1980, the M2Foreign LimitationPeriods Act 1984 and any other enactment (whenever passed) relating to thelimitation of actions;(b)in Northern Ireland, the M3Limitation (Northern Ireland) Order 1989, theM4Foreign Limitation Periods (Northern Ireland) Order 1985 and any otherenactment (whenever passed) relating to the limitation of actions. Annotations:Marginal CitationsM11980 c. 58.M21984 c. 16.M3S.I. 1989/1339 (N.I. 11).M4S.I. 1985/754 (N.I. 5).8Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreementDocument Generated: 2011-05-10 Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)14Commencement of arbitral proceedings.(1)The parties are free to agree when arbitral proceedings are to be regarded as commencedfor the purposes of this Part and for the purposes of the Limitation Acts.(2)If there is no such agreement the following provisions apply.(3)Where the arbitrator is named or designated in the arbitration agreement, arbitralproceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.(4)Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedingsare commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator in respect of that matter.(5)Where the arbitrator or arbitrators are to be appointed by a person other than a party tothe proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.Annotations:Modifications etc. (not altering text)C10S. 14 applied (31.1.1997) by 1894 c. 60, s. 496(5) (as inserted by 1996 c. 23, s. 107(1), Sch. 3 para. 1) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)The arbitral tribunal15The arbitral tribunal.(1)The parties are free to agree on the number of arbitrators to form the tribunal andwhether there is to be a chairman or umpire.(2)Unless otherwise agreed by the parties, an agreement that the number of arbitrators shallbe two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.(3)If there is no agreement as to the number of arbitrators, the tribunal shall consist of asole arbitrator.16Procedure for appointment of arbitrators.(1)The parties are free to agree on the procedure for appointing the arbitrator or arbitrators,including the procedure for appointing any chairman or umpire.(2)If or to the extent that there is no such agreement, the following provisions apply.(3)If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint thearbitrator not later than 28 days after service of a request in writing by either party to do so.Arbitration Act 1996 (c. 23)Part I – Arbitration pursuant to an arbitration agreement Document Generated: 2011-05-109Status: This version of this Act contains provisions that are prospective.Changes to legislation: There are outstanding changes not yet made by the editorial team to Arbitration Act 1996. Any changes that have already been made by the teamappear in the content and are referenced with annotations. (See end of Document for details)(4)If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator notlater than 14 days after service of a request in writing by either party to do so.(5)If the tribunal is to consist of three arbitrators—(a)each party shall appoint one arbitrator not later than 14 days after service of arequest in writing by either party to do so, and(b)the two so appointed shall forthwith appoint a third arbitrator as the chairmanof the tribunal.(6)If the tribunal is to consist of two arbitrators and an umpire—(a)each party shall appoint one arbitrator not later than 14 days after service of arequest in writing by either party to do so, and(b)the two so appointed may appoint an umpire at any time after they themselvesare appointed and shall do so before any substantive hearing or forthwith if theycannot agree on a matter relating to the arbitration.(7)In any other case (in particular, if there are more than two parties) section 18 applies asin the case of a failure of the agreed appointment procedure.17Power in case of default to appoint sole arbitrator.(1)Unless the parties otherwise agree, where each of two parties to an arbitration agreementis to appoint an arbitrator and one party (“the party in default”) refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator.(2)If the party in default does not within 7 clear days of that notice being given—(a)make the required appointment, and(b)notify the other party that he has done so,the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.(3)Where a sole arbitrator has been appointed under subsection (2), the party in defaultmay (upon notice to the appointing party) apply to the court which may set aside the appointment.(4)The leave of the court is required for any appeal from a decision of the court underthis section.18Failure of appointment procedure.(1)The parties are free to agree what is to happen in the event of a failure of the procedurefor the appointment of the arbitral tribunal.There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.(2)If or to the extent that there is no such agreement any party to the arbitration agreementmay (upon notice to the other parties) apply to the court to exercise its powers under this section.(3)Those powers are—。

仲裁法中英对照

Arbitration Law of the People's Republic of China 中华人民共和国仲裁法(Adopted at the 9th Session of the Standing Committee of the Eighth National People's Congress on August 31, 1994;amended for the first time according to the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27,2009;and amended for the second time in accordance with the Decision on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Twelfth National People's Congress on September 1, 2017) (1994年8月31日第八届全国人民代表大会常务委员会第九次会议通过根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正)Contents 目录Chapter I General Provisions第一章总则Chapter II Arbitration Commissions and the ArbitrationAssociation第二章仲裁委员会和仲裁协会Chapter III Arbitration Agreement第三章仲裁协议Chapter IV Arbitration Proceedings第四章仲裁程序Section 1 Application and Acceptance第一节申请和受理Section 2 Formation of Arbitration Tribunal第二节仲裁庭的组成Section 3 Hearing and Award第三节开庭和裁决Chapter V Application for Setting Aside Arbitration Award第五章申请撤销裁决Chapter VI Enforcement第六章执行Chapter VII Special Provisions for Arbitration Involving ForeignElements第七章涉外仲裁的特别规定Chapter VIII Supplementary Provisions第八章附则Chapter I General Provisions第一章总则Article 1 This Law is formulated in order to ensure the impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties and to safeguard the sound development of the socialist market economy.第一条为保证公正、及时地仲裁经济纠纷，保护当事人的合法权益，保障社会主义市场经济健康发展，制定本法。

仲裁法中英对照

英国仲裁法

英国仲裁法［Arbitration Act 1996］［Arbitration Act 1996］Arbitration Act 1996 (of England) 1996 CHAPTER 23 [17th June 1996]Lex MercatoriaArbitration Her Majesty's Stationary OfficeLM A-ZLM toc LM 19**Arbitration Act 1996 (of England)1996 CHAPTER 23 [17th June 1996]{ 1 }PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT{ 4 } Introductory{ 5 }Section 1. - General principles.{ 6 }Section 2. - Scope of application of provisions.{ 11 }Section 3. - The seat of the arbitration.{ 24 }Section 4. - Mandatory and non-mandatory provisions.{ 30 }Section 5. - Agreements to be in writing.{ 36 }Definition of arbitration agreement.{ 46 }Section 6. - The arbitration agreement{ 47 }Section 7. - Separability of arbitration agreement.{ 50 }Section 8. - Whether agreement discharged by death of a party.{ 52 }Stay of legal proceedings.{ 55 }Section 9. - Stay of legal proceedings{ 56 }Section 10. - Reference of interpleader issue to arbitration.{ 62 }Section 11. - Retention of security where Admiralty proceedings stayed.{ 65 } Commencement of arbitral proceedings{ 70 }Section 12. - Power of court to extend time for beginning arbitral proceedings, &c.{ 71 } Section 13. - Application of Limitation Acts.{ 83 }Section 14. - Commencement of arbitral proceedings.{ 97 }The arbitral tribunal{ 103 }Section 15. - The arbitral tribunal.{ 104 }Section 16. - Procedure for appointment of arbitrators.{ 108 }Section 17. - Power in case of default to appoint sole arbitrator.{ 120 }Section 18. - Failure of appointment procedure.{ 128 }Section 19. - Court to have regard to agreed qualifications.{ 138 }Section 20. - Chairman.{ 140 }Section 21. - Umpire.{ 145 }Section 22. - Decision-making where no chairman or umpire.{ 154 }Section 23. - Revocation of arbitrator's authority.{ 157 }Section 24. - Power of court to remove arbitrator.{ 167 }Section 25. - Resignation of arbitrator.{ 181 }Section 26. - Death of arbitrator or person appointing him.{ 191 }Section 27. - Filling of vacancy, &c.{ 194 }Section 28. - Joint and several liability of parties to arbitrators for fees and expenses.{ 203 } Section 29. - Immunity of arbitrator.{ 210 }Jurisdiction of the arbitral tribunal{ 214 }Section 30. - Competence of tribunal to rule on its own jurisdiction.{ 215 }Section 31. - Objection to substantive jurisdiction of tribunal.{ 221 }Section 32. - Determination of preliminary point of jurisdiction.{ 229 }The arbitral proceedings{ 241 }Section 33. - General duty of the tribunal.{ 242 }Section 34. - Procedural and evidential matters.{ 247 }Section 35. - Consolidation of proceedings and concurrent hearings.{ 259 }Section 36. - Legal or other representation.{ 265 }Section 37. - Power to appoint experts, legal advisers or assessors.{ 267 }Section 38. - General powers exercisable by the tribunal.{ 275 }Section 39. - Power to make provisional awards.{ 286 }Section 40. - General duty of parties.{ 293 }Section 41. - Powers of tribunal in case of party's default.{ 298 }Powers of court in relation to arbitral proceedings{ 316 }Section 42. - Enforcement of peremptory orders of tribunal.{ 317 }Section 43. - Securing the attendance of witnesses.{ 326 }Section 44. - Court powers exercisable in support of arbitral proceedings.{ 333 }Section 45. - Determination of preliminary point of law.{ 349 }The award{ 360 }Section 46. - Rules applicable to substance of dispute.{ 361 }Section 47. - Awards on different issues, &c.{ 367 }Section 48. - Remedies.{ 373 }Section 49. - Interest.{ 382 }Section 50. - Extension of time for making award.{ 391 }Section 51. - Settlement.{ 400 }Section 52. - Form of award.{ 406 }Section 53. - Place where award treated as made.{ 412 }Section 54. - Date of award.{ 414 }Section 55. - Notification of award.{ 417 }Section 56. - Power to withhold award in case of non-payment.{ 421 }Section 57. - Correction of award or additional award.{ 433 }Section 58. - Effect of award.{ 443 }Costs of the arbitration{ 446 }Section 59. - Costs of the arbitration.{ 447 }Section 60. - Agreement to pay costs in any event.{ 453 }Section 61. - Award of costs.{ 455 }Section 62. - Effect of agreement or award about costs.{ 458 }Section 63. - The recoverable costs of the arbitration.{ 460 }Section 64. - Recoverable fees and expenses of arbitrators.{ 474 }Section 65. - Power to limit recoverable costs.{ 481 }Powers of the court in relation to award{ 484 }Section 66. - Enforcement of the award.{ 485 }Section 67. - Challenging the award: substantive jurisdiction.{ 491 }Section 68. - Challenging the award: serious irregularity.{ 501 }Section 69. - Appeal on point of law.{ 518 }Section 70. - Challenge or appeal: supplementary provisions.{ 539 }Section 71. - Challenge or appeal: effect of order of court.{ 555 }Miscellaneous{ 560 }Section 72. - Saving for rights of person who takes no part in proceedings.{ 561 }Section 73. - Loss of right to object.{ 571 }Section 74. - Immunity of arbitral institutions, &c.{ 582 }Section 75. - Charge to secure payment of solicitors' costs.{ 586 }Supplementary{ 590 }Section 76. - Service of notices, &c.{ 591 }Section 77. - Powers of court in relation to service of documents.{ 601 }Section 78. - Reckoning periods of time.{ 608 }Section 79. - Power of court to extend time limits relating to arbitral proceedings.{ 615 } Section 80. - Notice and other requirements in connection with legal proceedings.{ 626 } Section 81. - Saving for certain matters governed by common law.{ 641 }Section 82. - Minor definitions.{ 647 }Section 83. - Index of defined expressions: Part I.{ 662 }Section 84. - Transitional provisions.{ 663 }PART II - OTHER PROVISIONS RELATING TO ARBITRATION{ 667 }Domestic arbitration agreements{ 668 }Section 85. - Modification of Part I in relation to domestic arbitration agreement.{ 669 } Section 86. - Staying of legal proceedings.{ 676 }Section 87. - Effectiveness of agreement to exclude court's jurisdiction.{ 683 }Section 88. - Power to repeal or amend sections 85 to 87.{ 690 }Consumer arbitration agreements{ 694 }Section 89. - Application of unfair terms regulations to consumer arbitration agreements. { 695 }Section 90. - Regulations apply where consumer is a legal person.{ 700 }Section 91. - Arbitration agreement unfair where modest amount sought.{ 702 }Small claims arbitration in the county court{ 713 }Section 92. - Exclusion of Part I in relation to small claims arbitration in the county court.{ 714 } Section 93. - Appointment of judges as arbitratorsAppointment of judges as arbitrators.{ 717 } Statutory arbitrations{ 727 }Section 94. - Application of Part I to statutory arbitrations.{ 728 }Section 95. - General adaptation of provisions in relation to statutory arbitrations.{ 738 }Section 96. - Specific adaptations of provisions in relation to statutory arbitrations.{ 743 } Section 97. - Provisions excluded from applying to statutory arbitrations.{ 748 }Section 98. - Power to make further provision by regulations.{ 753 }PART III - RECOGNITION AND ENFORCEMENT OF CERTAIN FOREIGN AWARDS{ 757 } Enforcement of Geneva Convention awards{ 758 }Section 99. - Continuation of Part II of the Arbitration Act 1950.{ 759 }Recognition and enforcement of New York Convention awards{ 762 }Section 100. - New York Convention awards.{ 763 }Section 101. - Recognition and enforcement of awards.{ 770 }Section 102. - Evidence to be produced by party seeking recognition or enforcement.{ 774 } Section 103. - Refusal of recognition or enforcement.{ 779 }Section 104. - Saving for other bases of recognition or enforcement.{ 791 }PART IV - GENERAL PROVISIONS{ 793 }Section 105. - Meaning of "the court": jurisdiction of High Court and county court.{ 794 } Section 106. - Crown application.{ 807 }Section 107. - Consequential amendments and repeals.{ 814 }Section 108. - Extent.{ 817 }Section 109. - Commencement.{ 825 }Section 110. - Short title.{ 828 }Arbitration Act 1996 (of England)1996 CHAPTER 23 [17th June 1996]{ 1 }An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes.{ 2 }Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: -{ 3 }PART I - ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENT{ 4 }Introductory{ 5 }Section 1. - General principles.{ 6 }The provisions of this Part are founded on the following principles, and shall be construedaccordingly -{ 7 }(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense;{ 8 }(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest;{ 9 }(c) in matters governed by this Part the court should not intervene except as provided by this Part.{ 10 }Section 2. - Scope of application of provisions.{ 11 }(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.{ 12 }(2) The following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined -{ 13 }(a) sections 9 to 11 (stay of legal proceedings, &c.), and{ 14 }(b) section 66 (enforcement of arbitral awards).{ 15 }(3) The powers conferred by the following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined - { 16 }(a) section 43 (securing the attendance of witnesses), and{ 17 }(b) section 44 (court powers exercisable in support of arbitral proceedings);{ 18 }but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.{ 19 }(4) The court may exercise a power conferred by any provision of this Part not mentioned in subsection (2) or (3) for the purpose of supporting the arbitral process where -{ 20 }(a) no seat of the arbitration has been designated or determined, and{ 21 }(b) by reason of a connection with England and Wales or Northern Ireland the court is satisfied that it is appropriate to do so.{ 22 }(5) Section 7 (Separability of arbitration agreement) and section 8 (death of a party) apply wherethe law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.{ 23 }Section 3. - The seat of the arbitration.{ 24 }In this Part “the seat of the arbitration" means the juridical seat of the arbitration designated - { 25 }(a) by the parties to the arbitration agreement, or{ 26 }(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or{ 27 }(c) by the arbitral tribunal if so authorised by the parties,{ 28 }or determined, in the absence of any such designation, having regard to the parties' agreement and all the relevant circumstances.{ 29 }Section 4. - Mandatory and non-mandatory provisions.{ 30 }(1) The mandatory provisions of this Part are listed in Schedule 1 and have effect notwithstanding any agreement to the contrary.{ 31 }(2) The other provisions of this Part (the "non-mandatory provisions") allow the parties to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.{ 32 }(3) The parties may make such arrangements by agreeing to the application of institutional rules or providing any other means by which a matter may be decided.{ 33 }(4) It is immaterial whether or not the law applicable to the parties' agreement is the law of England and Wales or, as the case may be, Northern Ireland.{ 34 }(5) The choice of a law other than the law of England and Wales or Northern Ireland as the applicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter. For this purpose an applicable law determined in accordance with the parties' agreement, or which is objectively determined in the absence of any express or implied choice, shall be treated as chosen by the parties.{ 35 }Section 5. - Agreements to be in writing.(1) The provisions of this Part apply only where the arbitration agreement is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing. The expressions"agreement","agree" and"agreed" shall be construed accordingly.{ 37 }(2) There is an agreement in writing -{ 38 }(a) if the agreement is made in writing (whether or not it is signed by the parties),{ 39 }(b) if the agreement is made by exchange of communications in writing, or{ 40 }(c) if the agreement is evidenced in writing.{ 41 }(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.{ 42 }(4) An agreement is evidenced in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.{ 43 }(5) An exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.{ 44 }(6) References in this Part to anything being written or in writing include its being recorded by any means.{ 45 }Definition of arbitration agreement.{ 46 }Section 6. - The arbitration agreement{ 47 }(1) In this Part an “arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).{ 48 }(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.{ 49 }Section 7. - Separability of arbitration agreement.Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part of another agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.{ 51 }Section 8. - Whether agreement discharged by death of a party.{ 52 }(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party. { 53 }(2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.{ 54 }Stay of legal proceedings.{ 55 }Section 9. - Stay of legal proceedings{ 56 }(1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim or counterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.{ 57 }(2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.{ 58 }(3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.{ 59 }(4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.{ 60 }(5) If the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.{ 61 }Section 10. - Reference of interpleader issue to arbitration.(1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.{ 63 }(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.{ 64 }Section 11. - Retention of security where Admiralty proceedings stayed.{ 65 }(1) Where Admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest - { 66 }(a) order that the property arrested be retained as security for the satisfaction of any award given in the arbitration in respect of that dispute, or{ 67 }(b) order that the stay of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such award.{ 68 }(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.{ 69 }Commencement of arbitral proceedings{ 70 }Section 12. - Power of court to extend time for beginning arbitral proceedings, &c.{ 71 }(1) Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or the claimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step -{ 72 }(a) to begin arbitral proceedings, or{ 73 }(b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can be begun,{ 74 }the court may by order extend the time for taking that step.{ 75 }(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.{ 76 }(3) The court shall make an order only if satisfied -{ 77 }(a) that the circumstances are such as were outside the reasonable contemplation of the parties when they agreed the provision in question, and that it would be just to extend the time, or{ 78 }(b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision in question.{ 79 }(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired. { 80 }(5) An order under this section does not affect the operation of the Limitation Acts (see section 13).{ 81 }(6) The leave of the court is required for any appeal from a decision of the court under this section.{ 82 }Section 13. - Application of Limitation Acts.{ 83 }(1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.{ 84 }(2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter -{ 85 }(a) of an award which the court orders to be set aside or declares to be of no effect, or{ 86 }(b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of no effect,{ 87 }the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) shall be excluded.{ 88 }(3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.{ 89 }(4) In this Part “the Limitation Acts" means -{ 90 }(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any other enactment (whenever passed) relating to the limitation of actions;{ 91 }(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods (Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation of actions.{ 92 }1980 c. 58.{ 93 }1984 c. 16.{ 94 }S.I. 1989/1339 (N.I. 11).{ 95 }S.I. 1985/754 (N.I. 5).{ 96 }Section 14. - Commencement of arbitral proceedings.{ 97 }(1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts.{ 98 }(2) If there is no such agreement the following provisions apply.{ 99 }(3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.{ 100 }(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator in respect of that matter.{ 101 }(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.{ 102 }The arbitral tribunal{ 103 }Section 15. - The arbitral tribunal.{ 104 }(1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be a chairman or umpire.{ 105 }(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.{ 106 }(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator.{ 107 }Section 16. - Procedure for appointment of arbitrators.{ 108 }(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.{ 109 }(2) If or to the extent that there is no such agreement, the following provisions apply.{ 110 }(3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.{ 111 }(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.{ 112 }(5) If the tribunal is to consist of three arbitrators -{ 113 }(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and{ 114 }(b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.{ 115 }(6) If the tribunal is to consist of two arbitrators and an umpire -{ 116 }(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so, and{ 117 }(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.{ 118 }(7) In any other case (in particular, if there are more than two parties) section 18 applies as in thecase of a failure of the agreed appointment procedure.{ 119 }Section 17. - Power in case of default to appoint sole arbitrator.{ 120 }(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint an arbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator. { 121 }(2) If the party in default does not within 7 clear days of that notice being given -{ 122 }(a) make the required appointment, and{ 123 }(b) notify the other party that he has done so,{ 124 }the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.{ 125 }(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment. { 126 }(4) The leave of the court is required for any appeal from a decision of the court under this section.{ 127 }Section 18. - Failure of appointment procedure.{ 128 }(1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of the arbitral tribunal. There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.{ 129 }(2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section. { 130 }(3) Those powers are -{ 131 }(a) to give directions as to the making of any necessary appointments;{ 132 }(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as have been made;{ 133 }(c) to revoke any appointments already made;。

法律英语专业词汇汇总

法律英语专业词汇汇总一、律师部分案件受理费court acceptance fee案情重大、复杂important and complicated case案由cause of action案子case包揽诉讼monopolize lawsuits被告defendant(用于民事、行政案件); the accused (用于刑事案件)被上诉人appellee被诉人respondent; defendant本案律师councel pro hac vice本地律师local counsel毕业证diploma; graduation certificate辩护词defense; pleadings辩护律师defense lawyer辩护要点point of defense辩护意见submission财产租赁property tenancy裁定书order; ruling; determination（指终审裁定）裁决书award（用于仲裁）裁决书verdict（用于陪审团）采信的证据admitted evidence; established evidence草拟股权转让协议drafting agreement of assignment of equity interests查阅法条source legal provisions产权转让conveyancing出差go on errand; go on a business trip出国深造further study abroad出具律师意见书providing legal opinion出示的证据exhibit出庭appear in court传票summons; subpoena答辩状answer; reply代理词representation代理房地产买卖与转让agency for sale and transfer of real estate代理公证、商标、专利、版权、房地产、工商登记agency for notarization, trademark, patent, copyright, and registration of real estate and incorporations代理仲裁agency for arbitration代写文书drafting of legal instruments待决案件pending case当事人陈述statement of the parties第三人third party吊销执业证revocation of lawyer license调查笔录investigative record调查取证investigation and gathering for evidence调解mediation调解书mediation二审案件case of trial of second instance发送电子邮件send e-mail法律顾问legal consultants法律意见书legal opinions法律援助legal aid法律咨询legal counseling法庭division; tribunal法学博士学位LL.D (Doctor of Laws)法学会law society法学课程legal courses法学硕士学位LL.M (Master of Laws)法学系faculty of law; department of law法学学士学位LL.B (Bachelor of Laws)J.D ( juris doctor缩写，美国法学学士)法学院law school法院公告court announcement反诉状counterclaim房地产律师real estate lawyer; real property lawyer非合伙律师associate lawyer非诉讼业务non-litigation practice高级合伙人senior partner高级律师senior lawyer各类协议和合同agreements and contracts公安局Public Security Bureau公司上市company listing公诉案件public-prosecuting case公证书notarial certificate国办律师事务所state-run law office国际贸易international trade国际诉讼international litigation国内诉讼domestic litigation合伙律师partner lawyer合伙制律师事务所law office in partner-ship; cooperating law ofice 合同审查、草拟、修改contract review, drafting and revision会见当事人interview a client会见犯罪嫌疑人interview a criminal suspect兼职律师part-time lawyer监狱prison; jail鉴定结论expert conclusion缴纳会费membership dues举证责任burden of proof; onus probandi决定书decision勘验笔录record of request看守所detention house抗诉书protest控告人accuser; complainant跨国诉讼transnational litigation劳动争议labor disputes劳动争议仲裁委员会arbitration committee for labor disputes劳改场reform-through-labor farm; prison farm利害关系人interested party; party in interest律管处处长director of lawyer control department律师lawyer attorney; attorney at law律师惩戒lawyer discipline律师法Lawyer Law律师费lawyer fee律师函lawyer's letter律师见证lawyer attestation/authentication律师见证书lawyer certification/authentication/witness律师卷宗lawyer's docile; file律师刊物lawyer's journal律师联系电话contact phone number of a lawyer律师事务所law office; law firm律师收费billing by lawyer律师网站lawyer website律师协会National Bar (Lawyer) Association律师协会会员member of Lawyer Association律师协会秘书长secretary general of Bar (Lawyer) Association 律师协会章程Articles of Lawyer Assocition律师业务室lawyer's office律师执业证lawyer license律师助理assistant lawyer律师资格考试bar exam; lawyer qualification exam律师资格证lawyer qualification certificate民事案件civil case民事调解civil mediation民事诉讼civil litigation派出所local police station; police substation判决judgement(用于民事、行政案件);determination(用于终审);sentence(用于刑事案);verdict(由陪审团作出)旁证circumstantial evidence企业章程articles of association; articles of incorporation; bylaw 企业重组corporate restructure起诉状information; indictment取消律师资格disbar全国律师代表大会National Lawyer Congress缺席宣判pronounce judgement or determination by default人民法院People's Court人民检察院People's Procuratorate认定事实determine facts上诉案件case of trial of second instance; appellate case上诉人appellant上诉状petition for appeal涉外律师lawyers specially handling foreign-related matters申请复议administrative reconsideration petition申请加入律师协会application for admission to Law Association 申请人petitioner; claimant申诉案件appeal case申诉人（仲裁）claimant; plaintiff申诉书appeal for revision, petition for revision实习律师apprentice lawyer; lawyer in probation period实习律师证certificate of apprentice lawyer视听证据audio-visual reference material适用法律apply law to facts受害人victim书证documentary evidence司法部Ministry of Justice司法建议书judicial advise司法局Judicial Bureau司法局副局长deputy director of Judicial Bureau司法局局长director of Judicial Bureau司法统一考试uniform judicial exam送达service of process诉讼litigation; action; lawsuit诉讼当事人litigation party; litigious party诉讼业务litigation practice诉状complaint; bill of complaint; statement of claim推销法律服务promote/market legal service外国律师事务所foreign law office委托代理合同authorized representation contract委托代理人agent ad litem; entrusted agent委托授权书power of attorney物证material evidence嫌疑人criminal suspect项目融资project financing项目谈判project negotiating刑事案件criminal case刑事诉讼criminal litigation行政诉讼administrative litigation休庭adjourn the court; recess宣判pronounce judgement; determination宣誓书affidavit业务进修attendance in advanced studies一审案件case of trial of first instance与国外律师事务所交流communicate with foreign law firms 原告plaintiff证券律师securities lawyer证人证言testimony of witness; affidavit执行笔录execution record执业登记registration for practice执业范围scope of practice; sphere of practice; practice area 执业申请practice application执业证年检annual inspection of lawyer license仲裁arbitration仲裁案件arbitration case仲裁机构arbitration agency专门律师specialized lawyer专职律师professional lawyer; full-time lawyer撰写法律文章write legal thesis资信调查credit standing investigation自诉案件private prosecuting case二、诉讼法律案件case案件发回remand/rimit a case (to a low court)案件名称title of a case案卷材料materials in the case案情陈述书statement of case案外人person other than involved in the case案值total value involved in the case败诉方losing party办案人员personnel handling a case保全措施申请书application for protective measures报案report a case (to security authorities)被告defendant; the accused被告人最后陈述final statement of the accused被告向原告第二次答辩rejoinder被害人victim被害人的诉讼代理人victim's agent ad litem被上诉人respondent; the appellee被申请人respondent被申请执行人party against whom execution is filed被执行人person subject to enforcement本诉principal action必要共同诉讼人party in necessary co-litigation变通管辖jurisdiction by accord辩护defense辩护律师defense attorney/lawyer辩护人defender辩护证据exculpatory evidence; defense evidence辩论阶段stage of court debate驳回反诉dismiss a counterclaim; reject a counterclaim驳回请求deny/dismiss a motion驳回上诉、维持原判reject/dismiss the appeal and sustain the original judgement/ruling驳回诉讼dismiss an action/suit驳回通知书notice of dismissal驳回自诉dismiss/reject a private prosecution驳回自诉裁定书ruling of dismissing private-prosecuting case补充答辩supplementary answer补充判决supplementary judgement补充侦查supplementary investigation不公开审理trial in camera不立案决定书written decision of no case-filing不批准逮捕决定书written decision of disapproving an arrest不起诉nol pros不予受理起诉通知书notice of dismissal of accusation by the court财产保全申请书application for attachment; application for property preservation裁定order; determination (指最终裁定)裁定管辖jurisdiction by order裁定书order; ruling裁决书award采信的证据admitted evidence查封seal up撤回上诉withdraw appeal撤诉withdraw a lawsuit撤销立案revoke a case placed on file撤销原判，发回重审rescind the original judgement and remand the case ro the original court for retrial出示的证据exhibit除权判决invalidating judgement (for negotiable instruments)传唤summon; call传闻证据hearsay答辩answer; reply答辩陈述书statement of defence答辩状answer; reply大法官associate justices; justice大检察官deputy chief procurator代理控告agency for accusation代理申诉agency for appeal代理审判员acting judge代为申请取保候审agency for application of the bail pending trial with restricted liberty of moving弹劾式诉讼accusatory procedure当事人陈述statement of the parties当庭宣判pronouncement of judgement or sentence in court地区管辖territorial jurisdiction地区检察分院inter-mediate People's Procuratorate第三人third party调查笔录record of investigation定期宣判pronouncement of judgement or sentence later on a fixed date定罪证据incriminating evidence; inculpatory evidence冻结freeze督促程序procedure of supervision and urge独任庭sole-judge bench独任仲裁员sole arbitrator对妨碍民事诉讼的强制措施compulsory measures against impairment of civil action对席判决judgement inter parties二审trial of second instance二审案件case of trial of second insurance罚款impose a fine法定证据statutory legal evidence法定证据制度system of legal evidence法官judges法警bailiff; court police法律文书legal instruments/papers法律援助legal aid法律咨询legal consulting法庭辩论court debate法庭调查court investigation法庭审理笔录court record法庭审理方式mode of court trial法庭庭长chief judge of a tribunal法院court法院公告court announcement反诉counterclaim反诉答辩状answer with counterclaim反诉状counterclaim犯罪嫌疑人criminal suspect附带民事诉讼案件 a collateral civil action附带民事诉讼被告defendant of collateral civil action复查reexamination; recheck复验reinspect高级法官senior judge高级检察官senior procurator高级人民法院Higher People's Court告诉案件case of complaint告诉才处理的案件case accepted at complaint告诉申诉庭complaint and petition division工读学校work-study school for delinquent children公安部Ministry of Public Security公安分局public security sub-bureau公安厅public security bureau at the levels of provinces, autonomous regions and cities und er direct jurisdiction of central government公开审理trial in public公开审判制度open trial system公示催告程序procedure of public summons for exhortation公诉案件public-prosecuting case公诉词statement of public prosecution公证机关public notary office共同管辖concurrent jurisdiction管辖jurisdiction国际司法协助international judicial assistance海事法院maritime court合议庭collegial panel合议庭评议笔录record of deliberating by the collegiate bench和解composition; compromise核对诉讼当事人身份check identity of litigious parties恢复执行resumption of execution回避withdrawal混合式诉讼mixed action基层人民法院basic People's Court羁押期限term in custody级别管辖subject matter jurisdiction of courts at different levels监视居住living at home under surveillance监狱prison检察官procurator检察权prosecutorial power检察委员会procuratorial/prosecutorial committee检察院procuratorate检察院派出机构outpost tribunal of procuratorate简易程序summary procedure鉴定结论expert conclusion经济审判庭economic tribunal径行判决direct adjudication without sessions; judgement without notice纠问式诉讼inquisitional proceedings拘传summon by force; summon by warrant拘留所detention house举报information/report of an offence举证责任burden of proof; onus probandi决定书decision军事法院military procuratorate开庭审理open a court session开庭通知notice of court session勘验笔录record of inquest看守所detention house可执行财产executable property控告式诉讼accusatory proceedings控诉证据incriminating evidence控诉职能accusation function扣押distrain on; attachment扣押物distress/distraint宽限期period of grace劳动争议仲裁申请书petition for labor dispute arbitration劳改场reform-through-labor farm劳教所reeducation-through-labor office类推判决的核准程序procedure for examination and approval of analogical sentence 累积证据cumulative evidence立案报告place a case on file立案管辖functional jurisdiction立案决定书written decision of case-filing立案侦查report of placing a case on file利害关系人interested party临时裁决书interim award律师见证书lawyer's written attestation; lawyer's written authentication律师事务所law office; law firm律师提前介入prior intervention by lawyer免于刑事处分exemption from criminal penalty民事案件civil case民事审判庭civil tribunal民事诉讼civil action民事诉讼法Civil Procedural Law扭送seize and deliver a suspect to the police派出法庭detached tribunal派出所police station判决judgement; determination判决书judgement; determination; verdict (指陪审团作出的)旁证circumstantial evidence陪审员juror批准逮捕approval of arrest破案clear up a criminal case; solve a criminal case破产bankruptcy; insolvency普通程序general/ordinary procedure普通管辖general jurisdiction企业法人破产还债程序procedure of bankruptcy and liquidation of a business corporation起诉filing of a lawsuit起诉sue; litigate; prosecute; institution of proceedings起诉状indictment; information区县检察院grassroots People's Procuratorate取保候审the bail pending trial with restricted liberty of moving缺席判决default judgement人民调解委员会People's Mediation Committee认定财产无主案件cases concerning determination of property as qwnerless认定公民无民事行为能力、限制民事行为能力案件cases concerning determination of a citizen as incompetent or with limited disposing capacity上诉appeal上诉人appellant上诉状petition for appeal少管所juvenile prison社会治安综合治理comprehensive treatment of social security涉外案件cases involving foreign interests涉外民事诉讼foreign civil proceedings涉外刑事诉讼foreign criminal proceedings申请人applicant; petitioner申请书petition; application for arbitration申请执行人execution applicant申诉人宣誓书claimant's affidavit of authenticity申诉书appeal for revision; petition for revision神示证据制度system of divinity evidence神示制度ordeal system审查案件case review审查并决定逮捕examine and decide arrest审查起诉阶段stage of review and prosecution审理通知书notice of hearing审判长presiding judge审判长宣布开庭presiding judge announce court in session审判管辖adjudgement/trial jurisdiction审判监督程序procedure for trial supervision审判委员会judicial committee审判员judge审问式诉讼inquisitional proceedings生效判决裁定legally effective judgement/order胜诉方winning party省市自治区检察院higher People's Procuratorate失踪和死亡宣告declaration of disappearance and death实（质）体证据substantial evidence实物证据tangible evidence实在证据real evidence示意证据demonstrative evidence视听证据audio-visual evidence收容所collecting post; safe retreat首席大法官chief justice首席检察官chief procurator受害人的近亲属victim's immediate family受理acceptance受理刑事案件审批表registration form of acceptance of criminal case受送达人the addressee书记员court clerk书记员宣读法庭纪律court clerk reads court rules书证documentary evidence司法部Ministry of Justice司法机关judicial organizatons司法警察judicial police司法局judicial bureau司法厅judicial bureau at the levels of provinces, autonomous regions, and cities under direct jurisdiction of central government司法协助judicial assistance死缓的复核judicial review of death sentence with a retrieve死刑复核程序procedure for judicial review of death sentence死刑复核权competence for judicial review of death sentence送达service of process送达传票service of summons/subpoena送达诉状service of bill of complaint搜查search诉sue; suit; action; lawsuit诉前财产保全property attachment prior to lawsuit诉讼litigation; lawsuit; sue; action诉讼保全attachment诉讼参加人litigious participants诉讼代理人agent ad litem诉状complaint; bill of complaint; state of claim特别程序special procedures提起公诉institute a public prosecution铁路法院railway court铁路检察院railroad transport procuratorate庭审程序procedure of court trial通缉wanted for arrest投案appearance退回补充侦查return of a case for supplementary investigation委托辩护entrusted defense未成年人法庭juvenile court无行政职务的法官associate judge无正当理由拒不到庭refuse to appear in court without due cause无罪判决acquittal, finding of " not guilty "物证material evidence先予执行申请书application for advanced execution先予执行advanced execution刑事案件criminal case刑事拘留criminal detention刑事强制拘留criminal coercive/compulsory measures刑事审判庭criminal tribunal刑事诉讼criminal proceedings刑事诉讼法Criminal Procedural Law刑事自诉状self-incriminating criminal complaint行政案件administrative case行政审判庭administrative tribunal行政诉讼administrative proceedings行政诉讼法Administrative Procedural Law宣告失踪、宣告死亡案件cases concerning the declaration of disappearance and death 宣判笔录record of rendition of judgement选民资格案件cases concerning qualifications of voters询问证人inquire/question a witness训诫reprimand讯问笔录record of interrogation询问犯罪嫌疑人interrogate criminal suspect言词证据verbal evidence要求传唤证人申请书application for subpoena一裁终局arbitration award shall be final and binding一审trial of first instance一审案件case of trial of first instance应诉通知书notice of respondence to action有罪判决sentence; finding of "guilty"予审preliminary examinantion; pretrial原告plaintiff院长court president阅卷笔录record of file review (by lawyers)再审案件case of retrial再审申请书petition for retrial责令具结悔过order to sign a statement of repentance债权人会议creditors' meeting侦查阶段investigation stage侦查终结conclusion of investigation征询原、被告最后意见consulting final opinion of the plaintiff and defendant 证据evidence证据保全preserve evidence证据保全申请书application for evidence preservation证人证言testimony of witness; affidavit支付令payment order/warrant知识产权庭intellectual property tribunal执行程序procedure execution执行逮捕execution of arrest执行和解conciliation of execution执行回转recovery of execution执行庭executive tribunal执行异议objection to execution执行员executor执行中止discontinuance of execution执行终结conclusion of execution指定辩护appointed defense指定仲裁员声明statement of appointing arbitrator中级人民法院intermediate People's Court中途退庭retreat during court session without permission仲裁arbitration仲裁被诉人respondent; defendant仲裁裁决award仲裁申请书arbitration仲裁申诉人claimant; plaintiff仲裁庭arbitration tribunal仲裁委员会arbitration committee仲裁协议arbitration agreement; clauses of arbitration仲裁员arbitrator主诉检察官principal procurator助理检察官assistant procurator助理审判员assistant judge专门法院special court专门管辖specific jurisdiction专属管辖exclusive jurisdiction追究刑事责任investigate for criminal responsibility自首confession to justice自诉案件private-prosecuting case自行辩护self-defense自由心证制度doctrine of discretional evaluation of evidence自侦案件self-investigating case最高人民法院the Supreme People's Court最高人民检察院the Supreme People's Procuratorate 最后裁决书final award三、民事法律法律渊源source of law制定法statute判例法case law; precedent普通法common law特别法special law固有法native law; indigenous law继受法adopted law实体法substantial law程序法procedural law原则法fundamental law例外法exception law司法解释judicial interpretation习惯法customary law公序良俗public order and moral自然法natural law罗马法Roman Law私法private law公法public law市民法jus civile万民法jus gentium民法法系civil law system英美法系system of Anglo-American law大陆法系civil law system普通法common law大陆法continental law罗马法系Roman law system英吉利法English law衡平法equity; law of equity日尔曼法Germantic law教会法ecclesiastical law寺院法canon law伊斯兰法Islamic law民法法律规范norm of civil law授权规范authorization norm禁止规范forbidding norm义务性规范obligatory norm命令性规范commanding norm民法基本原则fundamental principles of civil law平等原则principle of equality自愿原则principle of free will公平原则principle of justice等价有偿原则principle of equal value exchange诚实信用原则principle of good faith行为act作为act不作为omission合法行为lawful act违法行为unlawful act民事权利权利能力civil right绝对权absolute right相对权relative right优先权right of priority先买权preemption原权antecedent right救济权right of relief支配权right of dominion请求权right of claim物上请求权right of claim for real thing形成权right of formation撤销权right of claiming cancellation否认权right of claiming cancellation解除权right of renouncement代位权subrogated right选择权right of choice承认权right of admission终止权right of termination抗辩权right of defense一时性抗辩权momentary right of defense永久性抗辩权permanent counter-argument right不安抗辩权unstable counter-argument right同时履行抗辩权defense right of simultaneous performance 既得权tested right期待权expectant right专属权exclusive right非专属权non-exclusive right人身权利personal right人权human right人格权right of personality生命健康权right of life and health姓名权right of name名称权right of name肖像权right of portraiture自由权right of freedom名誉权right reputation隐私权right of privacy私生活秘密权right of privacy贞操权virginity right身份权right of status亲权parental power; parental right亲属权right of relative探视权visitation right配偶权right of spouse荣誉权right of honor权利的保护protection of right公力救济public protection私力救济self-protection权利本位standard of right社会本位standard of society无责任行为irresponsible right正当防卫justifiable right; ligitimate defence防卫行为act of defence自为行为self-conducting act紧急避险act of rescue; necessity自助行为act of self-help不可抗力force majeure意外事件accident行为能力capacity for act意思能力capacity of will民事行为civil act意思表示declaration of intention意思表示一致meeting of minds; consensus完全行为能力perfect capacity for act限制行为能力restrictive capacity for act准禁治产人quasi-interdicted person保佐protection自治产人minor who is capable of administering his own capacity 无行为能力incapacity for act禁治产人interdicted person自然人natural person公民citizen住所domicile居所residence经常居住地frequently dwelling place户籍census register监护guardianship个体工商户individual business农村承包经营户leaseholding rural household合伙partnership合伙人partner合伙协议partnership agreement合伙财产property of partnership合伙债务debt of partnership入伙join partnership退伙withdrawal from partnership合伙企业partnership business establishment个人合伙partnership法人合伙partnership of legal person特别合伙special partnership普通合伙general partnership有限合伙limited partnership民事合伙civil partnership隐名合伙sleeping partnership; dormant partnership私营企业private enterprise; proprietorship法人legal person企业法人legal body of enterprise企业集团group of enterprise关联企业affiliate enterprise个人独资企业individual business establishment国有独资企业solely state-owned enterprise中外合资企业Sino-foreign joint venture enterprise中外合作企业Sino-foreign contractual enterprise社团法人legal body of mass organization财团法人legal body of financial group联营joint venture法人型联营association of legal persons合伙型联营coordinated management in partnership协作型联营cooperation-type coordinated management合作社cooperative民事法律行为civil legal act单方民事法律行为unilateral civil legal act双方民事法律行为bilateral civil legal act多方民事法律行为joint act civil legal act有偿民事法律行为civil legal act with consideration无偿民事法律行为civil legal act without consideration; civil legal act without award 实践性民事法律行为practical civil legal act诺成性民事法律行为consental civil legal act要式民事法律行为formal civil legal act不要式民事法律行为informal civil legal act要因民事法律行为causative civil legal act不要因民事法律行为noncausative civil legal act主民事法律行为principal civil legal act从民事法律行为accessory civil legal act附条件民事法律行为conditional civil legal act附期限民事法律行为civil legal act with term生前民事法律行为civil legal act before death死后民事法律行为civil legal act after death准民事法律行为quasi-civil legal act无效行为ineffective act可撤销民事行为revocable civil act违法行为illegal act; unlawful act侵权行为tort欺诈fraud胁迫duress乘人之危taking advantage of others' precarious position以合法形式掩盖非法目的legal form concealing illegal intention 恶意串通malicious collaboration重大误解gross misunderstanding显失公平obvious unjust误传misrepresentation代理agency本人principal被代理人principal受托人trustee代理人agent本代理人original agent法定代理人statutory agent; legal agent委托代理人agent by mandate指定代理人designated agent复代理人subagent再代理人subagent转代理人subagent代理权right of agency授权行为act of authorization授权委托书power of attorney代理行为act of agency委托代理agency by mandate本代理original agency复代理subagency次代理subagency有权代理authorized agency表见代理agency by estoppel; apparent agency律师代理agency by lawyer普通代理general agency全权代理general agency全权代理委托书general power of attorney共同代理joint agency独家代理sole agency居间brokerage居间人broker行纪commission; broker house信托trust时效time limit; prescription; limitation时效中止suspension of prescription/limitation时效中断interruption of limitation/prescription时效延长extension of limitation取得时效acquisitive prescription时效终止lapse of time; termination of prescription期日date期间term涉外民事关系civil relations with foreign elements冲突规范rule of conflict准据法applicable law; governing law反致renvoi; remission转致transmission识别identification公共秩序保留reserve of public order法律规避evasion of law国籍nationality国有化nationalization法律责任legal liability民事责任civil liability/responsibility行政责任administrative liability/responsibility刑事责任criminal liability/responsibility违约责任liability of breach of contract; responsibility of default 有限责任limited liability无限责任unlimited liability按份责任shared/several liability连带责任joint and several liability过失责任liability for negligence; negligent liability过错责任fault liability; liability for fault单独过错sole fault共同过错joint fault混合过错mixed fault被害人过错victim's fault第三人过错third party's fault推定过错presumptive fault恶意bad faith; malice故意deliberate intention; intention; willfulness过失negligence重大过失gross negligence疏忽大意的过失careless and inadvertent negligence过于自信的过失negligence with undue assumption损害事实facts of damage有形损失tangible damage/loss无形损失intangible damage/loss财产损失property damage/loss人身损失personal damage/loss精神损失spiritual damage/loss民事责任承担方式methods of bearing civil liability停止侵害cease the infringing act排除妨碍exclusion of hindrance; removal of obstacle消除危险elimination of danger返还财产restitution of property恢复原状restitution; restitution of original state赔偿损失compensate for a loss; indemnify for a loss支付违约金payment of liquidated damage消除影响eliminate ill effects恢复名誉rehabilitate one's reputation赔礼道歉extend a formal apology物权jus ad rem; right in rem; real right物权制度real right system; right in rem system一物一权原则the principal of One thing, One Right物权法定主义principal of legality of right in rem物权公示原则principal of public summons of right in rem物权法jus rerem物property生产资料raw material for production生活资料means of livelihood; means of subsistence流通物res in commercium; a thing in commerce限制流通物limited merchantable thing禁止流通物res extra commercium; a thing out of commerce 资产asset固定资产fixed asset流动资产current asset; floating asset动产movables; chattel不动产immovable; real estate特定物res certae; a certain thing种类物genus; indefinite thing可分物res divisibiles; divisible things不可分物res indivisibiles; indivisible things主物res capitalis; a principal thing从物res accessoria; an accessory thing原物original thing孳息fruits天然孳息natural fruits法定孳息legal fruits无主物bona vacatia; vacant goods; ownerless goods遗失物lost property漂流物drifting object埋藏物fortuna; hidden property货币currency证券securities债券bond物权分类classification of right in rem/real right自物权jus in re propria; right of full ownership所有权dominium; ownership; title所有权凭证document of title; title of ownership占有权dominium utile; equitable ownership使用权right of use; right to use of收益权right to earnings; right to yields处分权right of disposing; jus dispodendi善意占有possession in good faith恶意占有malicious possession按份共有several possession共同共有joint possession他物权jus in re aliena用益物权real right for usufruct使用权right to use; right of use土地使用权right to the use of land林权forest ownership采矿权mining ownership经营权managerial authority; power of management承包经营权right to contracted management相邻权neighboring right; relatedright地上权superficies永佃权jus emphyteuticum; right to landed estate granted in perpetuity through a contract 地役权servitude; easement人役权servitus personarum; personal servitude担保物权real right for security物的担保security for thing物的瑕疵担保warranty against defect of a thing抵押权hypotheca; hypothecation; right to mortgage抵押权的设定creation of right to mortgage抵押人mortgagor抵押权人mortgagee抵押标的物collateral; estate under mortgage抵押权的效力deffect of right to mortgage抵押权的次序sequence of right to mortgage。

Arbitration Act 1996(英国仲裁法)

Arbitration Act 1996An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes. [17th June 1996]BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-PART I ARBITRATION PURSUANT TO AN ARBITRATION AGREEMENTIntroductoryGeneral principles.1. The provisions of this Part are founded on the following principles, and shall be construed accordingly-(a) the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal withoutunnecessary delay or expense;(b) the parties should be free to agree how their disputes are resolved, subject only to such safeguards as arenecessary in the public interest;(c) in matters governed by this Part the court should not intervene except as provided by this Part.Scope of application of provisions.2(1) The provisions of this Part apply where the seat of the arbitration is in England and Wales or Northern Ireland.2(2) The following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined-(a) sections 9 to 11 (stay of legal proceedings, &c.), and(b) section 66 (enforcement of arbitral awards).2(3) The powers conferred by the following sections apply even if the seat of the arbitration is outside England and Wales or Northern Ireland or no seat has been designated or determined-(a) section 43 (securing the attendance of witnesses), and(b) section 44 (court powers exercisable in support of arbitral proceedings);but the court may refuse to exercise any such power if, in the opinion of the court, the fact that the seat of the arbitration is outside England and Wales or Northern Ireland, or that when designated or determined the seat is likely to be outside England and Wales or Northern Ireland, makes it inappropriate to do so.2(4) The court may exercise a power conferred by any provision of this Part not mentioned in subsection (2) or (3) for the purpose of supporting the arbitral process where-(a) no seat of the arbitration has been designated or determined, and(b) by reason of a connection with England and Wales or Northern Ireland the court is satisfied that it isappropriate to do so.2(5) Section 7 (separability of arbitration agreement) and section 8 (death of a party) apply where the law applicable to the arbitration agreement is the law of England and Wales or Northern Ireland even if the seat of the arbitration is outside England and Wales or Northern Ireland or has not been designated or determined.The seat of the arbitration.3. In this Part "the seat of the arbitration" means the juridical seat of the arbitration designated-(a) by the parties to the arbitration agreement, or(b) by any arbitral or other institution or person vested by the parties with powers in that regard, or(c) by the arbitral tribunal if so authorised by the parties,or determined, in the absence of any such designation, having regard to the parties' agreement and all the relevant circumstances.Mandatory and non-mandatory provisions.4.(1) The mandatory provisions of this Part are listed in Schedule 1 and have effect notwithstanding any agreement tothe contrary.4(2) The other provisions of this Part (the "non-mandatory provisions") allow the parties to make their own arrangements by agreement but provide rules which apply in the absence of such agreement.4(3) The parties may make such arrangements by agreeing to the application of institutional rules or providing any other means by which a matter may be decided.4(4) It is immaterial whether or not the law applicable to the parties' agreement is the law of England and Wales or, as the case may be, Northern Ireland.4(5) The choice of a law other than the law of England and Wales or Northern Ireland as the applicable law in respect of a matter provided for by a non-mandatory provision of this Part is equivalent to an agreement making provision about that matter.For this purpose an applicable law determined in accordance with the parties' agreement, or which is objectivelyAgreements to be in writing.5(1) The provisions of this Part apply only where the arbitration agreement is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this Part only if in writing.The expressions "agreement", "agree" and "agreed" shall be construed accordingly.5(2) There is an agreement in writing-(a) if the agreement is made in writing (whether or not it is signed by the parties),(b) if the agreement is made by exchange of communications in writing, or(c) if the agreement is evidenced in writing.5(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.5(4) An agreement is evidenced in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.5(5) An exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.5(6) References in this Part to anything being written or in writing include its being recorded by any means.The arbitration agreementDefinition of arbitration agreement.6(1) In this Part an "arbitration agreement" means an agreement to submit to arbitration present or future disputes (whether they are contractual or not).6(2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement. Separability of arbitration agreement.7. Unless otherwise agreed by the parties, an arbitration agreement which forms or was intended to form part ofanother agreement (whether or not in writing) shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and it shall for that purpose be treated as a distinct agreement.Whether agreement discharged by death of a party.8(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.8(2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.Stay of legal proceedingsStay of legal proceedings.9.(1) A party to an arbitration agreement against whom legal proceedings are brought (whether by way of claim orcounterclaim) in respect of a matter which under the agreement is to be referred to arbitration may (upon notice to the other parties to the proceedings) apply to the court in which the proceedings have been brought to stay the proceedings so far as they concern that matter.9(2) An application may be made notwithstanding that the matter is to be referred to arbitration only after the exhaustion of other dispute resolution procedures.9(3) An application may not be made by a person before taking the appropriate procedural step (if any) to acknowledge the legal proceedings against him or after he has taken any step in those proceedings to answer the substantive claim.9(4) On an application under this section the court shall grant a stay unless satisfied that the arbitration agreement is null and void, inoperative, or incapable of being performed.9(5) If the court refuses to stay the legal proceedings, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter is of no effect in relation to those proceedings.Reference of interpleader issue to arbitration.10.(1) Where in legal proceedings relief by way of interpleader is granted and any issue between the claimants is one inrespect of which there is an arbitration agreement between them, the court granting the relief shall direct that the issue be determined in accordance with the agreement unless the circumstances are such that proceedings brought by a claimant in respect of the matter would not be stayed.10(2) Where subsection (1) applies but the court does not direct that the issue be determined in accordance with the arbitration agreement, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of any matter shall not affect the determination of that issue by the court.Retention of security where Admiralty proceedings stayed.11(1) Where Admiralty proceedings are stayed on the ground that the dispute in question should be submitted to arbitration, the court granting the stay may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest-(a) order that the property arrested be retained as security for the satisfaction of any award given in thearbitration in respect of that dispute, or(b) order that the stay of those proceedings be conditional on the provision of equivalent security for thesatisfaction of any such award.11(2) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to property retained in pursuance of an order as would apply if it were held for the purposes of proceedings in the court making the order.Power of court to extend time for beginning arbitral proceedings.12.(1) Where an arbitration agreement to refer future disputes to arbitration provides that a claim shall be barred, or theclaimant's right extinguished, unless the claimant takes within a time fixed by the agreement some step-(a) to begin arbitral proceedings, or(b) to begin other dispute resolution procedures which must be exhausted before arbitral proceedings can bebegun,the court may by order extend the time for taking that step.12(2) Any party to the arbitration agreement may apply for such an order (upon notice to the other parties), but only after a claim has arisen and after exhausting any available arbitral process for obtaining an extension of time.12(3) The court shall make an order only if satisfied-(a) that the circumstances are such as were outside the reasonable contemplation of the parties when theyagreed the provision in question, and that it would be just to extend the time, or(b) that the conduct of one party makes it unjust to hold the other party to the strict terms of the provision inquestion.12(4) The court may extend the time for such period and on such terms as it thinks fit, and may do so whether or not the time previously fixed (by agreement or by a previous order) has expired.12(5) An order under this section does not affect the operation of the Limitation Acts (see section 13).12(6) The leave of the court is required for any appeal from a decision of the court under this section.Application of Limitation Acts.13(1) The Limitation Acts apply to arbitral proceedings as they apply to legal proceedings.13(2) The court may order that in computing the time prescribed by the Limitation Acts for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter-(a) of an award which the court orders to be set aside or declares to be of no effect, or(b) of the affected part of an award which the court orders to be set aside in part, or declares to be in part of noeffect,the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or(b) shall be excluded.13(3) In determining for the purposes of the Limitation Acts when a cause of action accrued, any provision that an award is a condition precedent to the bringing of legal proceedings in respect of a matter to which an arbitration agreement applies shall be disregarded.13(4) In this Part "the Limitation Acts" means-(a) in England and Wales, the Limitation Act 1980, the Foreign Limitation Periods Act 1984 and any otherenactment (whenever passed) relating to the limitation of actions;(b) in Northern Ireland, the Limitation (Northern Ireland) Order 1989, the Foreign Limitation Periods(Northern Ireland) Order 1985 and any other enactment (whenever passed) relating to the limitation ofactions.Commencement of arbitral proceedings.14(1) The parties are free to agree when arbitral proceedings are to be regarded as commenced for the purposes of this Part and for the purposes of the Limitation Acts.14(2) If there is no such agreement the following provisions apply.14(3) Where the arbitrator is named or designated in the arbitration agreement, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties a notice in writing requiring him or them to submit that matter to the person so named or designated.14(4) Where the arbitrator or arbitrators are to be appointed by the parties, arbitral proceedings are commenced in respect of a matter when one party serves on the other party or parties notice in writing requiring him or them to14(5) Where the arbitrator or arbitrators are to be appointed by a person other than a party to the proceedings, arbitral proceedings are commenced in respect of a matter when one party gives notice in writing to that person requesting him to make the appointment in respect of that matter.The arbitral tribunalThe arbitral tribunal.15.(1) The parties are free to agree on the number of arbitrators to form the tribunal and whether there is to be achairman or umpire.15(2) Unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or any other even number shall be understood as requiring the appointment of an additional arbitrator as chairman of the tribunal.15(3) If there is no agreement as to the number of arbitrators, the tribunal shall consist of a sole arbitrator.Procedure for appointment of arbitrators.16(1) The parties are free to agree on the procedure for appointing the arbitrator or arbitrators, including the procedure for appointing any chairman or umpire.16(2) If or to the extent that there is no such agreement, the following provisions apply.16(3) If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than 28 days after service of a request in writing by either party to do so.16(4) If the tribunal is to consist of two arbitrators, each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so.16(5) If the tribunal is to consist of three arbitrators-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by eitherparty to do so, and(b) the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal.16(6) If the tribunal is to consist of two arbitrators and an umpire-(a) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by eitherparty to do so, and(b) the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do sobefore any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration.16(7) In any other case (in particular, if there are more than two parties) section 18 applies as in the case of a failure of the agreed appointment procedure.Power in case of default to appoint sole arbitrator.17.(1) Unless the parties otherwise agree, where each of two parties to an arbitration agreement is to appoint anarbitrator and one party ("the party in default") refuses to do so, or fails to do so within the time specified, the other party, having duly appointed his arbitrator, may give notice in writing to the party in default that he proposes to appoint his arbitrator to act as sole arbitrator.17(2) If the party in default does not within 7 clear days of that notice being given-(a) make the required appointment, and(b) notify the other party that he has done so,the other party may appoint his arbitrator as sole arbitrator whose award shall be binding on both parties as if he had been so appointed by agreement.17(3) Where a sole arbitrator has been appointed under subsection (2), the party in default may (upon notice to the appointing party) apply to the court which may set aside the appointment.17(4) The leave of the court is required for any appeal from a decision of the court under this section.Failure of appointment procedure.18.(1) The parties are free to agree what is to happen in the event of a failure of the procedure for the appointment of thearbitral tribunal.There is no failure if an appointment is duly made under section 17 (power in case of default to appoint sole arbitrator), unless that appointment is set aside.18(2) If or to the extent that there is no such agreement any party to the arbitration agreement may (upon notice to the other parties) apply to the court to exercise its powers under this section.18(3) Those powers are-(a) to give directions as to the making of any necessary appointments;(b) to direct that the tribunal shall be constituted by such appointments (or any one or more of them) as havebeen made;(c) to revoke any appointments already made;(d) to make any necessary appointments itself.18(4) An appointment made by the court under this section has effect as if made with the agreement of the parties.Court to have regard to agreed qualifications.19. In deciding whether to exercise, and in considering how to exercise, any of its powers under section 16(procedure for appointment of arbitrators) or section 18 (failure of appointment procedure), the court shall have due regard to any agreement of the parties as to the qualifications required of the arbitrators.Chairman.20(1) Where the parties have agreed that there is to be a chairman, they are free to agree what the functions of the chairman are to be in relation to the making of decisions, orders and awards.20(2) If or to the extent that there is no such agreement, the following provisions apply.20(3) Decisions, orders and awards shall be made by all or a majority of the arbitrators (including the chairman).20(4) The view of the chairman shall prevail in relation to a decision, order or award in respect of which there is neither unanimity nor a majority under subsection (3).Umpire.21.(1) Where the parties have agreed that there is to be an umpire, they are free to agree what the functions of the umpireare to be, and in particular-(a) whether he is to attend the proceedings, and(b) when he is to replace the other arbitrators as the tribunal with power to make decisions, orders and awards. 21(2) If or to the extent that there is no such agreement, the following provisions apply.21(3) The umpire shall attend the proceedings and be supplied with the same documents and other materials as are supplied to the other arbitrators.21(4) Decisions, orders and awards shall be made by the other arbitrators unless and until they cannot agree on a matter relating to the arbitration.In that event they shall forthwith give notice in writing to the parties and the umpire, whereupon the umpire shall replace them as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.21(5) If the arbitrators cannot agree but fail to give notice of that fact, or if any of them fails to join in the giving of notice, any party to the arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court which may order that the umpire shall replace the other arbitrators as the tribunal with power to make decisions, orders and awards as if he were sole arbitrator.21(6) The leave of the court is required for any appeal from a decision of the court under this section.Decision making where no chairman or umpire.22(1) Where the parties agree that there shall be two or more arbitrators with no chairman or umpire, the parties are free to agree how the tribunal is to make decisions, orders and awards.22(2) If there is no such agreement, decisions, orders and awards shall be made by all or a majority of the arbitrators. Revocation of arbitrator's authority.23.(1) The parties are free to agree in what circumstances the authority of an arbitrator may be revoked.23(2) If or to the extent that there is no such agreement the following provisions apply.23(3) The authority of an arbitrator may not be revoked except-(a) by the parties acting jointly, or(b) by an arbitral or other institution or person vested by the parties with powers in that regard.23(4) Revocation of the authority of an arbitrator by the parties acting jointly must be agreed in writing unless the parties also agree (whether or not in writing) to terminate the arbitration agreement.23(5) Nothing in this section affects the power of the court-(a) to revoke an appointment under section 18 (powers exercisable in case of failure of appointmentprocedure), or(b) to remove an arbitrator on the grounds specified in section 24.Power of court to remove arbitrator.24.(1) A party to arbitral proceedings may (upon notice to the other parties, to the arbitrator concerned and to any otherarbitrator) apply to the court to remove an arbitrator on any of the following grounds-(a) that circumstances exist that give rise to justifiable doubts as to his impartiality;(b) that he does not possess the qualifications required by the arbitration agreement;(c) that he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts asto his capacity to do so;(d) that he has refused or failed-(i) properly to conduct the proceedings, or(ii) to use all reasonable despatch in conducting the proceedings or making an award, and that substantial injustice has been or will be caused to the applicant.24(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the court shall not exercise its power of removal unless satisfied that the applicant has first exhausted any available recourse to that institution or person.24(3) The arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.24(4) Where the court removes an arbitrator, it may make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses, or the repayment of any fees or expenses already paid.24(5) The arbitrator concerned is entitled to appear and be heard by the court before it makes any order under this section.24(6) The leave of the court is required for any appeal from a decision of the court under this section.Resignation of arbitrator.25(1) The parties are free to agree with an arbitrator as to the consequences of his resignation as regards-(a) his entitlement (if any) to fees or expenses, and(b) any liability thereby incurred by him.25(2) If or to the extent that there is no such agreement the following provisions apply.25(3) An arbitrator who resigns his appointment may (upon notice to the parties) apply to the court-(a) to grant him relief from any liability thereby incurred by him, and(b) to make such order as it thinks fit with respect to his entitlement (if any) to fees or expenses or the repayment ofany fees or expenses already paid.25(4) If the court is satisfied that in all the circumstances it was reasonable for the arbitrator to resign, it may grant such relief as is mentioned in subsection (3)(a) on such terms as it thinks fit.25(5) The leave of the court is required for any appeal from a decision of the court under this section.Death of arbitrator or person appointing him.26(1) The authority of an arbitrator is personal and ceases on his death.26(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator's authority.Filling of vacancy, &c.27(1) Where an arbitrator ceases to hold office, the parties are free to agree-(a) whether and if so how the vacancy is to be filled,(b) whether and if so to what extent the previous proceedings should stand, and(c) what effect (if any) his ceasing to hold office has on any appointment made by him (alone or jointly).27(2) If or to the extent that there is no such agreement, the following provisions apply.27(3) The provisions of sections 16 (procedure for appointment of arbitrators) and 18 (failure of appointment procedure) apply in relation to the filling of the vacancy as in relation to an original appointment.27(4) The tribunal (when reconstituted) shall determine whether and if so to what extent the previous proceedings should stand.This does not affect any right of a party to challenge those proceedings on any ground which had arisen before the arbitrator ceased to hold office.27(5) His ceasing to hold office does not affect any appointment by him (alone or jointly) of another arbitrator, in particular any appointment of a chairman or umpire.Joint and several liability of parties to arbitrators for fees and expenses.28(1) The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances.28(2) Any party may apply to the court (upon notice to the other parties and to the arbitrators) which may order that the amount of the arbitrators' fees and expenses shall be considered and adjusted by such means and upon such terms as it may direct.28(3) If the application is made after any amount has been paid to the arbitrators by way of fees or expenses, the court may order the repayment of such amount (if any) as is shown to be excessive, but shall not do so unless it is shown that it is reasonable in the circumstances to order repayment.28(4) The above provisions have effect subject to any order of the court under section 24(4) or 25(3)(b) (order as to entitlement to fees or expenses in case of removal or resignation of arbitrator).28(5) Nothing in this section affects any liability of a party to any other party to pay all or any of the costs of the arbitration (see sections 59 to 65) or any contractual right of an arbitrator to payment of his fees and expenses.28(6) In this section references to arbitrators include an arbitrator who has ceased to act and an umpire who has not replaced the other arbitrators.Immunity of arbitrator.29(1) An arbitrator is not liable for anything done or omitted in the discharge or purported discharge of his functions as arbitrator unless the act or omission is shown to have been in bad faith.29(2) Subsection (1) applies to an employee or agent of an arbitrator as it applies to the arbitrator himself.29(3) This section does not affect any liability incurred by an arbitrator by reason of his resigning (but see section 25).Jurisdiction of the arbitral tribunalCompetence of tribunal to rule on its own jurisdiction.30(1) `Unless otherwise agreed by the parties, the arbitral tribunal may rule on its own substantive jurisdiction, that is, as to-(a) whether there is a valid arbitration agreement,(b) whether the tribunal is properly constituted, and(c) what matters have been submitted to arbitration in accordance with the arbitration agreement.30(2) Any such ruling may be challenged by any available arbitral process of appeal or review or in accordance with the provisions of this Part.Objection to substantive jurisdiction of tribunal.31(1) An objection that the arbitral tribunal lacks substantive jurisdiction at the outset of the proceedings must, be raised by a party not later than the time he takes the first step in the proceedings to contest the merits of any matter in relation to which he challenges the tribunal's jurisdiction.A party is not precluded from raising such an objection by the fact that he has appointed or participated in theappointment of an arbitrator.31(2) Any objection during the course of the arbitral proceedings that the arbitral tribunal is exceeding its substantive jurisdiction must be made as soon as possible after the matter alleged to be beyond its jurisdiction is raised.31(3) The arbitral tribunal may admit an objection later than the time specified in subsection (1) or (2) if it considers the delay justified.31(4) Where an objection is duly taken to the tribunal's substantive jurisdiction and the tribunal has power to rule on its own jurisdiction, it may-(a) rule on the matter in an award as to jurisdiction, or(b) deal with the objection in its award on the merits.If the parties agree which of these courses the tribunal should take, the tribunal shall proceed accordingly.31(5) The tribunal may in any case, and shall if the parties so agree, stay proceedings whilst an application is made to the court under section 32 (determination of preliminary point of jurisdiction).Determination of preliminary point of jurisdiction.32(1) The court may, on the application of a party to arbitral proceedings (upon notice to the other parties), determine any question as to the substantive jurisdiction of the tribunal.A party may lose the right to object (see section 73).31(2) An application under this section shall not be considered unless-(a) it is made with the agreement in writing of all the other parties to the proceedings, or(b) it is made with the permission of the tribunal and the court is satisfied-(i) that the determination of the question is likely to produce substantial savings in costs,(ii) that the application was made without delay, and(iii) that there is good reason why the matter should be decided by the court.31(3) An application under this section, unless made with the agreement of all the other parties to the proceedings, shall state the grounds on which it is said that the matter should be decided by the court.31(4) Unless otherwise agreed by the parties, the arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.31(5) Unless the court gives leave, no appeal lies from a decision of the court whether the conditions specified in subsection (2) are met.31(6) The decision of the court on the question of jurisdiction shall be treated as a judgment of the court for the purposes of an appeal.But no appeal lies without the leave of the court which shall not be given unless the court considers that the question involves a point of law which is one of general importance or is one which for some other special reason should be considered by the Court of Appeal.。

中国仲裁法(英文版)

Arbitration Law of the People's R epublic ofChina(Adopted at the 8th Session of the Standing Committee of the 8th National People's Congressand Promulgated on August 31,1994)颁布日期:19940831 实施日期:19950901 颁布单位:全国人大常委会Chapter I General ProvisionsArticle 1 This Law is formulated in order to ensure that economic disputes shall be impartially and promptly arbitrated,to protect the legitimate rights and interests of the relevant parties and to guarantee the healthy development of the socialist market economy.Article 2 Disputes over contracts and disputes over property rights and interests between citizens,legal persons and other organizations as equal subjects of law may be submitted to arbitration.Article 3 The following disputes shall not be submitted to arbitration:1. disputes over marriage,adoption,guardianship,child maintenance and inheritance; and2. administrative disputes falling within the jurisdiction of the relevant administrative organs according to law.Article 4 The parties adopting arbitration for dispute settlement shall reach an arbitration agreement on a mutually voluntary basis. Anarbitration commission shall not accept an application for arbitration submitted by one of the parties in the absence of an arbitration agreement.Article 5 A people's court shall not accept an action initiated by one of the parties if the parties have concluded an arbitration agreement,unless the arbitration agreement is invalid.Article 6 An arbitration commission shall be selected by theparties by agreement.The jurisdiction by level system and the district jurisdiction system shall not apply in arbitration.Article 7 Disputes shall be fairly and reasonably settled by arbitration on the basis of facts and in accordance with the relevant provisions of law.Article 8 Arbitration shall be conducted in accordance with the law,independent of any intervention by administrative organs,social organizations or individuals.1Article 9 The single ruling system shall be applied in arbitration. The arbitration commission shall not accept any application for arbitration,nor shall a people's court accept any action submitted by the party in respect of the same dispute after an arbitration award has already been given in relation to that matter.If the arbitration award is canceled or its enforcement has been disallowed by a people's court in accordance with the law,the parties may,in accordance with a new arbitration agreement between them in respect of the dispute,re-apply for arbitration or initiate legal proceedings with the people's court.Chapter II Arbitration Commissions and Arbitration AssociationArticle 10 Arbitration commissions may be established in the municipalities directly under the Central Government,in themunicipalities where the people's governments of provinces and autonomous regions are located or,if necessary,in other cities divided into districts. Arbitration commissions shall not be established at each level of the administrative divisions.The people's governments of the municipalities and cities specified in the above paragraph shall organize the relevant departments and the Chamber of Commerce for the formation of an arbitration commission.The establishment of an arbitration commission shall be registered with the judicial administrative department of the relevantprovince,autonomous region or municipalities directly under the Central Government.Article 11 An arbitration commission shall fulfil the following conditions:1. it must have its own name,domicile and Artic les of Association;2. it must possess the necessary property;3. it must have its own members;and4. it must have arbitrators for appointment.The articles of association of the an arbitration commission shall be formulated in accordance with this Law.Article 12 An arbitration commission shall comprise a chairman,two to four vice-chairmen and seven to eleven members.The chairman,vice-chairmen and members of an arbitration commission must be persons specialized in law,economic and trade and persons who have actual working experience. The number of specialists inlaw,economic and trade shall not be less than two-thirds of the members of an arbitration association.Article 13 The arbitration commission shall appoint fair and honest person as its arbitrators.Arbitrators must fulfil one of the following conditions:1. they have been engaged in arbitration work for at least eight years;2. they have worked as a lawyer for at least eight years;3. they have been a judge for at least eight years;4. they are engaged in legal research or legal teaching and in senior positions;and5. they have legal knowledge and are engaged in professional work relating to economics and trade,and in senior positions or of the equivalent professional level.The arbitration commission shall establish a list of arbitrators according to different professionals.Article 14 Arbitration commissions are independent ofadministrative organs and there are no subordinate relations with any administrative organs nor between the different arbitration commissions.Article 15 The China Arbitration Association is a socialorganization with the status of a legal person. Arbitration commissions are members of the China Arbitration Association. The Articles of Association of the China Arbitration Association shall be formulated by the national general meeting of the members.The China Arbitration Association is an organization in charge of self-regulation of the arbitration commissions. It shall conduct supervision over the conduct (any breach of discipline) of thearbitration commissions and their members and arbitrators in accordance with its articles of association.The China Arbitration Association shall formulate Arbitration Rules in accordanc e with this Law and the Civil Procedure Law.Chapter III Arbitration AgreementArticle 16 An arbitration agreement shall include the arbitration clauses provided in the contract and any other written form of agreementconcluded before or after the disputes providing for submission to arbitration.The following contents shall be included in an arbitration agreement:1. the expression of the parties' wish to submit to arbitration;2. the matters to be arbitrated;and3. the Arbitration Commission selected by the parties.Article 17 An arbitration agreement shall be invalid under any of the following circumstances:1. matters agreed upon for arbitration are beyond the scope of arbitration prescribed by law;2. an arbitration agreement concluded by persons without or with limited capacity for civil acts;and3. one party forces the other party to sign an arbitration agreement by means of duress.Article 18 If the arbitration matters or the arbitration commission are not agreed upon by the parties in the arbitration agreement,or,if the relevant provisions are not clear,the parties may supplement the agreement. If the parties fail to agree upon the supplementary agreement,the arbitration agreement shall be invalid.Article 19 An arbitration agreement shall exist independently. Any changes to,rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement.An arbitration tribunal has the right to rule on the validity of a contract.Article 20 If the parties object to the validity of the arbitration agreement,they may apply to the arbitration commission for a decision or to a people's court for a ruling. If one of the parties submits to the arbitration commission for a decision,but the other party applies to a people's court for a ruling,the people's court shall give the ruling.If the parties contest the validity of the arbitrationagreement,the objection shall be made before the start of the first hearing of the arbitration tribunal.Chapter IV Arbitration ProcedureSection 1:Application and Acceptance for ArbitrationArticle 21 The parties applying for arbitration shall fulfil the following conditions:1. they must have an arbitration agreement;2. they must have a specific claim with facts and argument on which the claim is based;and3. the arbitration must be within the jurisdiction of thearbitration commission.Article 22 The party applying for arbitration shall submit to an arbitration commission the arbitration agreement,an application for arbitration and copies thereof.Article 23 An arbitration application shall state clearly the following:1. the name,sex,age,occupation,work unit and address of theparty,the name address and legal representative of the legal person or other organization and the name and position of its person-in charge;2. the arbitration claim and the facts and argument on which the claim is based;and3. evidence and the source of evidence,the name and address of the witness (es)。

仲裁和诉讼法关键词汇

仲裁和诉讼法关键词汇刑事案件 criminal case刑事拘留 criminal detention刑事强制拘留 criminal coercive/compulsory measures刑事审判庭 criminal tribunal刑事诉讼 criminal proceedings刑事诉讼法 Criminal Procedural Law刑事自诉状 self-incriminating criminal complaint行政案件 administrative case行政审判庭 administrative tribunal行政诉讼 administrative proceedings行政诉讼法 Administrative Procedural Law宣告失踪、宣告死亡案件cases concerning the declaration of disappearance and death宣判笔录 record of rendition of judgement选民资格案件 cases concerning qualifications of voters询问证人 inquire/question a witness训诫 reprimand讯问笔录 record of interrogation询问犯罪嫌疑人 interrogate criminal suspect言词证据 verbal evidence要求传唤证人申请书 application for subpoena一裁终局 arbitration award shall be final and binding一审 trial of first instance一审案件 case of trial of first instance应诉通知书 notice of respondence to action有罪判决 sentence； finding of ＂guilty＂予审 preliminary examinantion； pretrial原告 plaintiff1院长 court president阅卷笔录 record of file review （by lawyers）再审案件 case of retrial再审申请书 petition for retrial责令具结悔过 order to sign a statement of repentance债权人会议creditors’ meetin g侦查阶段 investigation stage侦查终结 conclusion of investigation征询原、被告最后意见 consulting final opinion of the plaintiff and defendant证据 evidence证据保全 preserve evidence证据保全申请书 application for evidence preservation证人证言 testimony of witness； affidavit支付令 payment order/warrant知识产权庭 intellectual property tribunal执行程序 procedure execution执行逮捕 execution of arrest执行和解 conciliation of execution执行回转 recovery of execution执行庭 executive tribunal执行异议 objection to execution执行员 executor执行中止 discontinuance of execution执行终结 conclusion of execution指定辩护 appointed defense指定仲裁员声明 statement of appointing arbitrator中级人民法院intermediate People’s Court中途退庭 retreat during court session without permission2仲裁 arbitration仲裁被诉人 respondent； defendant仲裁裁决 award仲裁申请书 arbitration仲裁申诉人 claimant； plaintiff仲裁庭 arbitration tribunal仲裁委员会 arbitration committee仲裁协议 arbitration agreement； clauses of arbitration仲裁员 arbitrator主诉检察官 principal procurator助理检察官 assistant procurator助理审判员 assistant judge专门法院 special court专门管辖 specific jurisdiction专属管辖 exclusive jurisdiction追究刑事责任 investigate for criminal responsibility自首 confession to justice自诉案件 private-prosecuting case自行辩护 self-defense自由心证制度 doctrine of discretional evaluation of evidence 自侦案件 self-investigating case最高人民法院the Supreme People’s Court最高人民检察院the Supreme People’s Procuratorate最后裁决书 final award3。

Law-英文术语

Law-英文术语法律英语常用词汇大全一、律师部分案件受理费court acceptance fee 案情重大、复杂important and complicated case案由cause of action 案子case 包揽诉讼monopolize lawsuits被告defendant(用于民事、行政案件); the accused (用于刑事案件)被上诉人appellee 被诉人respondent; defendant 本案律师councel pro hac vice本地律师local counsel 毕业证diploma; graduation certificate辩护词defense; pleadings 辩护律师defense lawyer 辩护要点point of defense辩护意见submission 财产租赁property tenancy 裁定书order; ruling; determination （指终审裁定）裁决书award（用于仲裁）裁决书verdict（用于陪审团）采信的证据admitted evidence; established evidence草拟股权转让协议drafting agreement ofassignment of equity interests查阅法条source legal provisions 产权转让conveyancing出差go on errand; go on a business trip 出国深造further study abroad出具律师意见书providing legal opinion 出示的证据exhibit 出庭appear in court传票summons; subpoena 答辩状answer; reply 代理词representation代理房地产买卖与转让agency for sale and transfer of real estate代理公证、商标、专利、版权、房地产、工商登记agency for notarization, trademark, patent, copyright, and registration of real estate and incorporations 代理仲裁agency for arbitration 代写文书drafting of legal instruments 待决案件pending case当事人陈述statement of the parties 第三人third party吊销执业证revocation of lawyer license 调查笔录investigative record调查取证investigation and gathering forcompany listing 公诉案件public-prosecuting case 公证书notarial certificate 国办律师事务所state-run law office 国际贸易international trade 国际诉讼international litigation 国内诉讼domestic litigation 合伙律师partner lawyer 合伙制律师事务所law office in partner-ship; cooperating law office合同审查、草拟、修改contract review, drafting and revision 会见当事人interview a client 会见犯罪嫌疑人interview a criminal suspect 兼职律师part-time lawyer 监狱prison; jail 鉴定结论expert conclusion 缴纳会费membership dues 举证责任burden of proof; onus probandi 决定书decision 勘验笔录record of request 看守所detention house 抗诉书protest 控告人accuser; complainant 跨国诉讼transnational litigation 劳动争议labor disputes 劳动争议仲裁委员会arbitration committee for labor disputes 劳改场reform-through-labor farm; prison farm 利害关系人interested party; party in interest 律管处处长director of lawyer control department 律师lawyer attorney; attorney at law 律师惩戒lawyer discipline 律师法Lawyer Law 律师费lawyer fee 律师函lawyer’s letter 律师见证lawyer attestation/authentication律师见证书lawyer certification/authentication/witness 律师卷宗lawyer’s docile; file律师刊物lawyer’s journal 律师联系电话contact phone number of a lawyer律师事务所law office; law firm 律师收费billing by lawyer 律师网站lawyer website律师协会National Bar (Lawyer) Association 律师协会会员member of Lawyer Association 律师协会秘书长secretary general of Bar (Lawyer) Association律师协会章程Articles of Lawyer Association律师业务室lawyer’s office 律师执业证lawyer license 律师助理assistant lawyer律师资格考试bar exam; lawyer qualification exam 律师资格证lawyer qualification certificate民事案件civil case民事调解civil mediation 民事诉讼civil litigation派出所local police station; police substation判决judgment(用于民事、行政案件); determination(用于终审);sentence(用于刑事案); verdict(由陪审团作出) 旁证circumstantial evidence企业章程articles of association; articles of incorporation; bylaw 企业重组corporate restructure 起诉状information; indictment 取消律师资格disbar全国律师代表大会National Lawyer Congress 缺席宣判pronounce judgement or determination by default 人民法院People’s Court人民检察院People’s Procuratorate 认定事实determine facts上诉案件case of trial of second instance; appellate case 上诉人appellant上诉状petition for appeal 涉外律师lawyers specially handling foreign-related matters申请复议administrative reconsideration petition申请加入律师协会application for admission to Law Association 申请人petitioner; claimant申诉案件appeal case 申诉人（仲裁）claimant; plaintiff申诉书appeal for revision, petition for revision 实习律师apprentice lawyer; lawyer in probation period 实习律师证certificate of apprentice lawyer视听证据audio-visual reference material 适用法律apply law to facts 受害人victim书证documentary evidence司法部Ministry of Justice 司法建议书judicial advise 司法局Judicial Bureau司法局副局长deputy director of Judicial Bureau 司法局局长director of Judicial Bureau 司法统一考试uniform judicial exam 送达service of process 诉讼litigation; action; lawsuit诉讼当事人litigation party; litigious party 诉讼业务litigation practice诉状complaint; bill of complaint; statement of claim推销法律服务promote/market legal service 外国律师事务所foreign law office委托代理合同authorized representation contract 委托代理人agent ad litem; entrusted agent委托授权书power of attorney 物证material evidence 嫌疑人criminal suspect 项目融资project financing 项目谈判project negotiating 刑事案件criminal case刑事诉讼criminal litigation 行政诉讼administrative litigation 休庭adjourn the court; recess宣判pronounce judgement; determination 宣誓书affidavit业务进修attendance in advanced studies 一审案件case of trial of first instance与国外律师事务所交流communicate with foreign law firms 原告plaintiff证券律师securities lawyer 证人证言testimony of witness; affidavit执行笔录execution record 执业登记registration for practice执业范围scope of practice; sphere of practice; practice area 执业申请practice application执业证年检annual inspection of lawyer license 仲裁arbitration 仲裁案件arbitration case仲裁机构arbitration agency 专门律师specialized lawyer专职律师professional lawyer; full-time lawyer 撰写法律文章write legal thesis资信调查credit standing investigation 自诉案件private prosecuting case二、诉讼法律案件case 案件发回remand/rimit a case (to a low court) 案件名称title of a case案卷材料materials in the case 案情陈述书statement of case案外人person other than involved in the case 案值total value involved in the case败诉方losing party 办案人员personnel handling a case保全措施申请书application for protective measures 报案report a case (to security authorities) 被告defendant; the accused 被告人最后陈述final statement of the accused被告向原告第二次答辩rejoinder 被害人victim 被害人的诉讼代理人victim’s agent ad litem被上诉人respondent; the appellee 被申请人respondent 被申请执行人party against whom execution is filed被执行人person subject to enforcement 本诉principal action 必要共同诉讼人party in necessary co-litigation 变通管辖jurisdiction by accord辩护defense 辩护律师defense attorney/lawyer 辩护人defender辩护证据exculpatory evidence; defense evidence 辩论阶段stage of court debate驳回反诉dismiss a counterclaim; reject a counterclaim 驳回请求deny/dismiss a motion 驳回上诉、维持原判reject/dismiss the appeal and sustain the original judgement/ruling驳回诉讼dismiss an action/suit 驳回通知书notice of dismissal驳回自诉dismiss/reject a private prosecution驳回自诉裁定书ruling of dismissing private-prosecuting case 补充答辩supplementary answer补充判决supplementary judgement 补充侦查supplementary investigation不公开审理trial in camera 不立案决定书written decision of no case-filing不批准逮捕决定书written decision of disapproving an arrest 不起诉nol pros不予受理起诉通知书notice of dismissal of accusation by the court财产保全申请书application for attachment; application for property preservation 裁定order; determination (指最终裁定)裁定管辖jurisdiction by order 裁定书order; ruling 裁决书award采信的证据admitted evidence 查封seal up 撤回上诉withdraw appeal撤诉withdraw a lawsuit 撤销立案revoke acase placed on file撤销原判，发回重审rescind the original judgement and remand the case ro the original court for retrial出示的证据exhibit 除权判决invalidating judgement (for negotiable instruments)传唤summon; call 传闻证据hearsay 答辩answer; reply 答辩陈述书statement of defence 答辩状answer; reply 大法官associate justices; justice 大检察官deputy chief procurator代理控告agency for accusation 代理申诉agency for appeal 代理审判员acting judge代为申请取保候审agency for application of the bail pending trial with restricted liberty of moving弹劾式诉讼accusatory procedure 当事人陈述statement of the parties当庭宣判pronouncement of judgement or sentence in court 地区管辖territorial jurisdiction地区检察分院inter-mediate People’s Procuratorate 第三人third party调查笔录record of investigation定期宣判pronouncement of judgement or sentence later on a fixed date定罪证据incriminating evidence; inculpatory evidence 冻结freeze督促程序procedure of supervision and urge 独任庭sole-judge bench独任仲裁员sole arbitrator对妨碍民事诉讼的强制措施compulsory measures against impairment of civil action对席判决judgement inter parties 二审trial of second instance二审案件case of trial of second insurance罚款impose a fine 法定证据statutory legal evidence 法定证据制度system of legal evidence 法官judges 法警bailiff; court police 法律文书legal instruments/papers 法律援助legal aid 法律咨询legal consulting 法庭辩论court debate 法庭调查court investigation法庭审理笔录court record 法庭审理方式mode of court trial法庭庭长chief judge of a tribunal 法院court法院公告court announcement反诉counterclaim 反诉答辩状answer with counterclaim 反诉状counterclaim犯罪嫌疑人criminal suspect 附带民事诉讼案件 a collateral civil action附带民事诉讼被告defendant of collateral civil action 复查reexamination; recheck复验reinspect 高级法官senior judge 高级检察官senior procurator高级人民法院Higher People’s Court 告诉案件case of complaint告诉才处理的案件case accepted at complaint 告诉申诉庭complaint and petition division工读学校work-study school for delinquent children公安部Ministry of Public Security 公安分局public security sub-bureau公安厅public security bureau at the levels of provinces, autonomous regions and cities under direct jurisdiction of central government 公开审理trial in public公开审判制度open trial system 公示催告程序procedure of public summons for exhortation 公诉案件public-prosecuting case 公诉词statement of public prosecution公证机关public notary office共同管辖concurrent jurisdiction 管辖jurisdiction国际司法协助international judicial assistance 海事法院maritime court合议庭collegial panel 合议庭评议笔录record of deliberating by the collegiate bench和解composition; compromise 核对诉讼当事人身份check identity of litigious parties恢复执行resumption of execution 回避withdrawal 混合式诉讼mixed action基层人民法院basic People’s Court 羁押期限term in custody级别管辖subject matter jurisdiction of courts at different levels监视居住living at home under surveillance 监狱prison 检察官procurator检察权prosecutorial power 检察委员会procuratorial/prosecutorial committee检察院procuratorate 检察院派出机构outpost tribunal of procuratorate简易程序summary procedure 鉴定结论expert conclusion 经济审判庭economic tribunal径行判决direct adjudication without sessions; judgement without notice纠问式诉讼inquisitional proceedings 拘传summon by force; summon by warrant拘留所detention house 举报information/report of an offence举证责任burden of proof; onus probandi 决定书decision 军事法院military procuratorate 开庭审理open a court session 开庭通知notice of court session 勘验笔录record of inquest看守所detention house 可执行财产executable property 控告式诉讼accusatory proceedings 控诉证据incriminating evidence 控诉职能accusation function 扣押distrain on; attachment 扣押物distress/distraint 宽限期period of grace劳动争议仲裁申请书petition for labor disputearbitration 劳改场reform-through-labor farm 劳教所reeducation-through-labor office类推判决的核准程序procedure for examination and approval of analogical sentence 累积证据cumulative evidence 立案报告place a case on file 立案管辖functional jurisdiction 立案决定书written decision of case-filing 立案侦查report of placing a case on file利害关系人interested party 临时裁决书interim award律师见证书lawyer’s written attestation; lawyer’s written authentication律师事务所law office; law firm 律师提前介入prior intervention by lawyer免于刑事处分exemption from criminal penalty 民事案件civil case民事审判庭civil tribunal 民事诉讼civil action 民事诉讼法Civil Procedural Law扭送seize and deliver a suspect to the police 派出法庭detached tribunal派出所police station判决judgement; determination 判决书judgement; determination; verdict(指陪审团作出的) 旁证circumstantial evidence 陪审员juror 批准逮捕approval of arrest破案clear up a criminal case; solve a criminal case 破产bankruptcy; insolvency普通程序general/ordinary procedure 普通管辖general jurisdiction企业法人破产还债程序procedure of bankruptcy and liquidation of a business corporation起诉filing of a lawsuit 起诉sue; litigate; prosecute; institution of proceedings起诉状indictment; information 区县检察院grassroots People’s Procuratorate取保候审the bail pending trial with restricted liberty of moving 缺席判决default judgement 人民调解委员会People’s Mediation Committee 认定财产无主案件cases concerning determination of property as qwnerless认定公民无民事行为能力、限制民事行为能力案件cases concerning determination of a citizen asincompetent or with limited disposing capacity 上诉appeal 上诉人appellant 上诉状petition for appeal 少管所juvenile prison社会治安综合治理comprehensive treatment of social security涉外案件cases involving foreign interests 涉外民事诉讼foreign civil proceedings涉外刑事诉讼foreign criminal proceedings申请人applicant; petitioner 申请书petition; application for arbitration申请执行人execution applicant 申诉人宣誓书claimant’s affidavit of authenticity申诉书appeal for revision; petition for revision 神示证据制度system of divinity evidence神示制度ordeal system 审查案件case review 审查并决定逮捕examine and decide arrest 审查起诉阶段stage of review and prosecution 审理通知书notice of hearing审判长presiding judge 审判长宣布开庭presiding judge announce court in session审判管辖adjudgement/trial jurisdiction 审判监督程序procedure for trial supervision审判委员会judicial committee 审判员judge 审问式诉讼inquisitional proceedings生效判决裁定legally effective judgement/order 胜诉方winning party省市自治区检察院higher People’s Procuratorate 失踪和死亡宣告declaration of disappearance and death 实（质）体证据substantial evidence 实物证据tangible evidence实在证据real evidence 示意证据demonstrative evidence 视听证据audio-visual evidence收容所collecting post; safe retreat首席大法官chief justice 首席检察官chief procurator受害人的近亲属victim’s immediate family 受理acceptance 受理刑事案件审批表registration form of acceptance of criminal case 受送达人the addressee书记员court clerk 书记员宣读法庭纪律court clerk reads court rules书证documentary evidence 司法部Ministryof Justice 司法机关judicial organizatons司法警察judicial police 司法局judicial bureau司法厅judicial bureau at the levels of provinces, autonomous regions, and cities under direct jurisdiction of central government 司法协助judicial assistance死缓的复核judicial review of death sentence with a retrieve死刑复核程序procedure for judicial review of death sentence 死刑复核权competence for judicial review of death sentence 送达service of process送达传票service of summons/subpoena 送达诉状service of bill of complaint 搜查search诉sue; suit; action; lawsuit 诉前财产保全property attachment prior to lawsuit诉讼litigation; lawsuit; sue; action 诉讼保全attachment 诉讼参加人litigious participants诉讼代理人agent ad litem 诉状complaint; bill of complaint; state of claim特别程序special procedures 提起公诉institute a public prosecution 铁路法院railway court铁路检察院railroad transport procuratorate 庭审程序procedure of court trial通缉wanted for arrest 投案appearance退回补充侦查return of a case for supplementary investigation委托辩护entrusted defense 未成年人法庭juvenile court 无行政职务的法官associate judge无正当理由拒不到庭refuse to appear in court without due cause无罪判决acquittal, finding of “ not guilty ” 物证material evidence先予执行申请书application for advanced execution 先予执行advanced execution刑事案件criminal case 刑事拘留criminal detention刑事强制拘留criminal coercive/compulsory measures 刑事审判庭criminal tribunal刑事诉讼criminal proceedings 刑事诉讼法Criminal Procedural Law刑事自诉状self-incriminating criminal complaint 行政案件administrative case行政审判庭administrative tribunal 行政诉讼administrative proceedings行政诉讼法Administrative Procedural Law宣告失踪、宣告死亡案件cases concerning the declaration of disappearance and death宣判笔录record of rendition of judgement选民资格案件cases concerning qualifications of voters询问证人inquire/question a witness 训诫reprimand 讯问笔录record of interrogation询问犯罪嫌疑人interrogate criminal suspect 言词证据verbal evidence要求传唤证人申请书application for subpoena 一裁终局arbitration award shall be final and binding 一审trial of first instance 一审案件case of trial of first instance应诉通知书notice of respondence to action 有罪判决sentence; finding of “guilty”予审preliminary examinantion; pretrial 原告plaintiff 院长court president 阅卷笔录record of file review (by lawyers) 再审案件case of retrial 再审申请书petition for retrial责令具结悔过order to sign a statement of repentance 债权人会议creditors’ meeting侦查阶段investigation stage 侦查终结conclusion of investigation征询原、被告最后意见consulting final opinion of the plaintiff and defendant 证据evidence证据保全preserve evidence 证据保全申请书application for evidence preservation证人证言testimony of witness; affidavit 支付令payment order/warrant知识产权庭intellectual property tribunal 执行程序procedure execution执行逮捕execution of arrest 执行和解conciliation of execution执行回转recovery of execution 执行庭executive tribunal 执行异议objection to execution 执行员executor执行中止discontinuance of execution 执行终结conclusion of execution指定辩护appointed defense指定仲裁员声明statement of appointing arbitrator 中级人民法院intermediate People’s Court中途退庭retreat during court session without permission 仲裁arbitration仲裁被诉人respondent; defendant 仲裁裁决award 仲裁申请书arbitration仲裁申诉人claimant; plaintiff 仲裁庭arbitration tribunal 仲裁委员会arbitration committee 仲裁协议arbitration agreement; clauses of arbitration 仲裁员arbitrator主诉检察官principal procurator 助理检察官assistant procurator 助理审判员assistant judge专门法院special court专门管辖specific jurisdiction 专属管辖exclusive jurisdiction追究刑事责任investigate for criminal responsibility 自首confession to justice自诉案件private-prosecuting case自行辩护self-defense 自由心证制度doctrine of discretional evaluation of evidence自侦案件self-investigating case 最高人民法院the Supreme People’s Court最高人民检察院the Supreme People’s Procuratorate 最后裁决书final award三、民事法律法律渊源source of law 制定法statute 判例法case law; precedent 普通法common law特别法special law 固有法native law; indigenous law 继受法adopted law实体法substantial law 程序法procedural law 原则法fundamental law 例外法exception law 司法解释judicial interpretation 习惯法customary law 公序良俗public order and moral自然法natural law 罗马法Roman Law 私法private law 公法public law 市民法jus civile 万民法jus gentium 民法法系civil law system 英美法系system of Anglo-American law大陆法系civil law system 普通法common law 大陆法continental law罗马法系Roman law system 英吉利法Englishlaw 衡平法equity; law of equity日尔曼法Germantic law 教会法ecclesiastical law 寺院法canon law 伊斯兰法Islamic law 民法法律规范norm of civil law 授权规范authorization norm 禁止规范forbidding norm 义务性规范obligatory norm 命令性规范commanding norm民法基本原则fundamental principles of civil law 平等原则principle of equality自愿原则principle of free will 公平原则principle of justice等价有偿原则principle of equal value exchange 诚实信用原则principle of good faith行为act 作为act 不作为omission 合法行为lawful act 违法行为unlawful act民事权利权利能力civil right 绝对权absolute right 相对权relative right优先权right of priority 先买权preemption 原权antecedent right救济权right of relief 支配权right of dominion 请求权right of claim物上请求权right of claim for real thing 形成权right of formation撤销权right of claiming cancellation 否认权right of claiming cancellation解除权right of renouncement 代位权subrogated right 选择权right of choice承认权right of admission 终止权right of termination 抗辩权right of defense一时性抗辩权momentary right of defense 永久性抗辩权permanent counter-argument right 不安抗辩权unstable counter-argument right同时履行抗辩权defense right of simultaneous performance 既得权tested right期待权expectant right 专属权exclusive right 非专属权non-exclusive right人身权利personal right 人权human right 人格权right of personality生命健康权right of life and health 姓名权right of name 名称权right of name肖像权right of portraiture 自由权right of freedom 名誉权right reputation隐私权right of privacy 私生活秘密权right of privacy 贞操权virginity right身份权right of status 亲权parental power; parental right 亲属权right of relative探视权visitation right 配偶权right of spouse 荣誉权right of honor权利的保护protection of right 公力救济public protection 私力救济self-protection权利本位standard of right 社会本位standard of society 无责任行为irresponsible right正当防卫justifiable right; ligitimate defence 防卫行为act of defence自为行为self-conducting act 紧急避险act of rescue; necessity 自助行为act of self-help不可抗力force majeure 意外事件accident 行为能力capacity for act意思能力capacity of will 民事行为civil act 意思表示declaration of intention意思表示一致meeting of minds; consensus 完全行为能力perfect capacity for act限制行为能力restrictive capacity for act 准禁治产人quasi-interdicted person保佐protection 自治产人minor who is capable of administering his own capacity无行为能力incapacity for act 禁治产人interdicted person 自然人natural person公民citizen 住所domicile 居所residence 经常居住地frequently dwelling place户籍census register 监护guardianship 个体工商户individual business农村承包经营户leaseholding rural household 合伙partnership 合伙人partner合伙协议partnership agreement 合伙财产property of partnership合伙债务debt of partnership 入伙join partnership 退伙withdrawal from partnership 合伙企业partnership business establishment 个人合伙partnership法人合伙partnership of legal person 特别合伙special partnership普通合伙general partnership 有限合伙limited partnership 民事合伙civil partnership 隐名合伙sleeping partnership; dormant partnership 私营企业private enterprise; proprietorship法人legal person 企业法人legal body ofenterprise 企业集团group of enterprise关联企业affiliate enterprise 个人独资企业individual business establishment国有独资企业solely state-owned enterprise 中外合资企业Sino-foreign joint venture enterprise 中外合作企业Sino-foreign contractual enterprise 社团法人legal body of mass organization财团法人legal body of financial group 联营joint venture法人型联营association of legal persons 合伙型联营coordinated management in partnership 协作型联营cooperation-type coordinated management 合作社cooperative民事法律行为civil legal act 单方民事法律行为unilateral civil legal act双方民事法律行为bilateral civil legal act 多方民事法律行为joint act civil legal act有偿民事法律行为civil legal act with consideration无偿民事法律行为civil legal act without consideration; civil legal act without award实践性民事法律行为practical civil legal act 诺成性民事法律行为consental civil legal act要式民事法律行为formal civil legal act 不要式民事法律行为informal civil legal act要因民事法律行为causative civil legal act 不要因民事法律行为noncausative civil legal act 主民事法律行为principal civil legal act 从民事法律行为accessory civil legal act附条件民事法律行为conditional civil legal act 附期限民事法律行为civil legal act with term生前民事法律行为civil legal act before death 死后民事法律行为civil legal act after death准民事法律行为quasi-civil legal act 无效行为ineffective act可撤销民事行为revocable civil act 违法行为illegal act; unlawful act 侵权行为tort欺诈fraud 胁迫duress 乘人之危taking advantage o f others’ precarious position以合法形式掩盖非法目的legal form concealing illegal intention恶意串通malicious collaboration 重大误解gross misunderstanding 显失公平obviousunjust误传misrepresentation 代理agency 本人principal 被代理人principal 受托人trustee 代理人agent 本代理人original agent 法定代理人statutory agent; legal agent委托代理人agent by mandate 指定代理人designated agent 复代理人subagent再代理人subagent 转代理人subagent 代理权right of agency 授权行为act of authorization 授权委托书power of attorney 代理行为act of agency 委托代理agency by mandate本代理original agency 复代理subagency 次代理subagency 有权代理authorized agency 表见代理agency by estoppel; apparent agency 律师代理agency by lawyer普通代理general agency 全权代理general agency全权代理委托书general power of attorney 共同代理joint agency 独家代理sole agency居间brokerage 居间人broker 行纪commission; broker house 信托trust时效time limit; prescription; limitation 时效中止suspension of prescription/limitation时效中断interruption of limitation/prescription 时效延长extension of limitation取得时效acquisitive prescription 时效终止lapse of time; termination of prescription期日date 期间term 涉外民事关系civil relations with foreign elements冲突规范rule of conflict 准据法applicable law; governing law 反致renvoi; remission转致transmission 识别identification 公共秩序保留reserve of public order法律规避evasion of law 国籍nationality 国有化nationalization 法律责任legal liability民事责任civil liability/responsibility 行政责任administrative liability/responsibility刑事责任criminal liability/responsibility违约责任liability of breach of contract; responsibility of default 有限责任limited liability无限责任unlimited liability 按份责任shared/several liability连带责任joint and several liability 过失责任liability for negligence; negligent liability过错责任fault liability; liability for fault 单独过错sole fault 共同过错joint fault混合过错mixed fault 被害人过错victim’s fault 第三人过错third party’s fault推定过错presumptive fault 恶意bad faith; malice故意deliberate intention; intention; willfulness 过失negligence 重大过失gross negligence疏忽大意的过失careless and inadvertent negligence过于自信的过失negligence with undue assumption 损害事实facts of damage有形损失tangible damage/loss 无形损失intangible damage/loss财产损失property damage/loss 人身损失personal damage/loss精神损失spiritual damage/loss民事责任承担方式methods of bearing civil liability 停止侵害cease the infringing act排除妨碍exclusion of hindrance; removal ofobstacle 消除危险elimination of danger返还财产restitution of property 恢复原状restitution; restitution of original state赔偿损失compensate for a loss; indemnify for a loss支付违约金payment of liquidated damage 消除影响eliminate ill effects恢复名誉rehabilitate one’s reputation 赔礼道歉extend a formal apology物权jus ad rem; right in rem; real right物权制度real right system; right in rem system 一物一权原则the principal of One thing, One Right物权法定主义principal of legality of right in rem物权公示原则principal of public summons of right in rem 物权法jus rerem物property 生产资料raw material for production生活资料means of livelihood; means of subsistence流通物res in commercium; a thing in commerce 限制流通物limited merchantable thing禁止流通物res extra commercium; a thing out of commerce 资产asset 固定资产fixed asset 流动资产current asset; floating asset 动产movables; chattel 不动产immovable; real estate特定物res certae; a certain thing 种类物genus; indefinite thing可分物res divisibiles; divisible things 不可分物res indivisibiles; indivisible things主物res capitalis; a principal thing 从物res accessoria; an accessory thing原物original thing 孳息fruits 天然孳息natural fruits 法定孳息legal fruits无主物bona vacatia; vacant goods; ownerless goods 遗失物lost property漂流物drifting object 埋藏物fortuna; hidden property 货币currency证券securities 债券bond 物权分类classification of right in rem/real right自物权jus in re propria; right of full ownership 所有权dominium; ownership; title所有权凭证document of title; title of ownership 占有权dominium utile; equitable ownership使用权right of use; right to use of 收益权right to earnings; right to yields处分权right of disposing; jus dispodendi 善意占有possession in good faith恶意占有malicious possession 按份共有several possession 共同共有joint possession他物权jus in re aliena 用益物权real right for usufruct 使用权right to use; right of use土地使用权right to the use of land 林权forest ownership 采矿权mining ownership经营权managerial authority; power of management 承包经营权right to contracted management相邻权neighboring right; relatedright 地上权superficies永佃权jus emphyteuticum; right to landed estate granted in perpetuity through a contract地役权servitude; easement 人役权servitus personarum; personal servitude担保物权real right for security 物的担保security for thing物的瑕疵担保warranty against defect of a thing抵押权hypotheca; hypothecation; right to mortgage 抵押权的设定creation of right to mortgage抵押人mortgagor 抵押权人mortgagee 抵押标的物collateral; estate under mortgage抵押权的效力deffect of right to mortgage 抵押权的次序sequence of right to mortgage抵押权的抛弃abandonment of right to mortgage 抵押权的让与alienation of right to mortgage抵押权的实现materialization of right to mortgage抵押权的消灭extinction of right to mortgageregistration of estate under mortgage 抵押物登记registration of estate undermortgage 抵押优先权priority of mortgage留置权lien 一般留置权general lien 特别留置权special lien质权hypotheque; pledge; right of pledge 佃权tenant right债权jus in personam; right to give or procure; claim; creditor’s right债权人creditor 债务人debtor 相对人counterpart; offeree 给付give; pay债务debt; liability; obligation 债务的偿还payment of debt 债务的偿清discharge of debt 债务的担保guarantee of debt 债务的合并consolidation of debt债务的给付日期debt maturity 债务的免除exemption of debt 债的分类obligatio; obligation法定之债legal obligation 任意之债voluntary obligation 简单之债simple obligation选择之债alternative obligation 主债prime/principal obligation 从债accessory obligation单一之债single obligation 按份之债several obligation 连带之债joint obligation特定之债certain obligation 种类之债indefinite obligation 合同之债contractual obligation侵权行为之债tort obligation损害赔偿之债obligation of compensation for injury; obligation of damages人身损害damage to person 精神损害moral/mental/spiritual damage医药费hospital treatment expense 医疗费medical charge 抚恤金pension慰问金consolation money 产品瑕疵defect of product 不当得利unjust enrichment无因管理voluntary service债的担保guarantee of obligation 财产担保property guarantee 信用担保credit guarantee 让与担保alienation guarantee 保证guaranty 明示保证express guaranty默示保证implied guaranty 保证人guarantor 保证合同contract of guaranty/suretyship保证金guaranty bond; security deposit 押金。

常用法律术语

法律英语常用词汇大全-—-—好不容易找到了—-—-—-—-—对自己说加油啊！一、律师部分案件受理费court acceptance fee案情重大、复杂important and complicated case案由cause of action案子case包揽诉讼monopolize lawsuits被告defendant（用于民事、行政案件）; the accused (用于刑事案件)被上诉人appellee被诉人respondent; defendant本案律师councel pro hac vice本地律师local counsel毕业证diploma；graduation certificate辩护词defense; pleadings辩护律师defense lawyer辩护要点point of defense辩护意见submission财产租赁property tenancy裁定书order; ruling；determination(指终审裁定)裁决书award（用于仲裁）裁决书verdict（用于陪审团）采信的证据admitted evidence；established evidence草拟股权转让协议drafting agreement of assignment of equity interests查阅法条source legal provisions产权转让conveyancing出差go on errand；go on a business trip出国深造further study abroad出具律师意见书providing legal opinion出示的证据exhibit出庭appear in court传票summons；subpoena答辩状answer；reply代理词representation代理房地产买卖与转让agency for sale and transfer of real estate代理公证、商标、专利、版权、房地产、工商登记agency for notarization, trademark，patent, copyright, and registration of real estate and incorporations代理仲裁agency for arbitration代写文书drafting of legal instruments待决案件pending case当事人陈述statement of the parties第三人third party吊销执业证revocation of lawyer license调查笔录investigative record调查取证investigation and gathering for evidence调解mediation调解书mediation二审案件case of trial of second instance发送电子邮件send e-mail法律顾问legal consultants法律意见书legal opinions法律援助legal aid法律咨询legal counseling法庭division；tribunal法学博士学位LL.D （Doctor of Laws）法学会law society法学课程legal courses法学硕士学位LL.M （Master of Laws)法学系faculty of law; department of law法学学士学位LL.B （Bachelor of Laws)J.D ( juris doctor缩写，美国法学学士)法学院law school2.法院公告court announcement反诉状counterclaim房地产律师real estate lawyer；real property lawyer 非合伙律师associate lawyer非诉讼业务non-litigation practice高级合伙人senior partner高级律师senior lawyer各类协议和合同agreements and contracts公安局Public Security Bureau公司上市company listing公诉案件public—prosecuting case公证书notarial certificate国办律师事务所state-run law office国际贸易international trade国际诉讼international litigation国内诉讼domestic litigation合伙律师partner lawyer合伙制律师事务所law office in partner-ship；cooperating law ofice合同审查、草拟、修改contract review, drafting and revision会见当事人interview a client会见犯罪嫌疑人interview a criminal suspect兼职律师part—time lawyer常用法律名词解读1.Ab initio从开始形容事件由开始时的状态，例如合约从开始便已经无效，称为“The contract was void ab initio”。

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仲裁法课程英文词汇
1.Arbitration仲裁
2.International commercial arbitration 国际商事仲裁
3.Institutional arbitration 机构仲裁
4.Ad hoc arbitration 临时仲裁
5.Arbitration Tribunal仲裁庭
6.Arbitration award仲裁裁决
7.ADR : alternative dispute resolution 替代性纠纷解决机制
8. Jurisdiction of the Arbitration Tribunal 仲裁庭的管辖权
9. Challenges of Jurisdiction 管辖权异议
10.Arbitration agreement 仲裁协议
11.Arbitration clause 仲裁条款
12.The validity of arbitration agreement 仲裁协议效力
13.Doctrine of separability of the arbitration clause 仲裁条款独立原则
14.Assignment of International Commercial Arbitration agreement 国际商事仲裁
协议的转让
15.Parties’autonomy 当事人意思自治
16.Arbitrability 可仲裁性
17.Arbitrable Subject-Matters 可仲裁事项
18.Arbitration Tribunal’s composition 仲裁庭的组成
19.Function of the Arbitration Tribunal 仲裁庭的职能
20.powers and duties of the Arbitration Tribunal 仲裁庭的权利和义务
21. Arbitrators 仲裁员
22.panel of arbitrators仲裁员名册
23.Qualification of Arbitrators 仲裁员的资格
24.Replacement of arbitrators 更换仲裁员
25.Sole Arbitration Tribunal 独任仲裁庭
26.Parties to the Arbitration 仲裁当事人
27.Parties to the Arbitration and their Capacity 仲裁当事人及其能力
28.Claimant & Respondent 申请人和被申请人（仲裁）
29.Plaintiff & defendant 原告和被告（诉讼）
30. Arbitral Procedure 仲裁程序
31. Arbitral Rules 仲裁规则
32.Arbitral hearings 仲裁审理
33.Place of Arbitration 仲裁地
34.Applicable Law for the Merits of the Disputes 解决争议实体问题的适用法律
35.The law of governing an Arbitration agreement 调整仲裁协议的法律
36. Litigation 诉讼
37. Applicable laws 适用的法律
38. Burden of proof 举证责任
39.Conservatory and the Interim Measures 保护性临时措施
40.Interim measures for the preservation of evidence 保全证据的临时措施
41.Additional award追加裁决
42.Consent award 和解裁决
43.Default awards缺席裁决
44.Interlocutory award 中间裁决
45.Injunctions 禁令
46.Preliminary award 先决裁决
47. Partial award 部分裁决
48.Interim award 临时裁决; 中间裁决
49. Correction and interpretation of awards 裁决的更正和解释
50. Arbitration Costs 仲裁费用
51.Revocation of The International Commercial Arbitral Award 撤销国际商事
仲裁裁决
52.Recognition and Enforcement of Foreign Arbitral Awards 外国仲裁裁决的承认与执行
53.Validity and its determination of the International Commercial Arbitration agreement 国际商事仲裁协议的效力及其认定
54.CIETAC : China International Economic and Trade Arbitration Commission
中国国际经济贸易仲裁委员会;
55.CMAC : China Maritime Arbitration Commission 中国海事仲裁委员会
56.International treaties and conventions 国际条约和公约
57.ICSID 国际投资争端解决中心
58.New York Convention on Recognition and Enforcement of Foreign Arbitral Awards纽约公约。

仲裁法英语单词(1)

[VIP专享]法律合同词汇参考(部分)+l

法律英语单词汇总

仲裁法(英文)

《常见法律英语词汇大全》

劳动仲裁法英文版

国际商事争议英文词汇摘录

劳动争议调解仲裁法 中英对照 小红书

仲裁法英文版

劳动争议调解仲裁法-中英文

1996 年仲裁法(英文版)Arbitration Act 1996

仲裁法中英对照

仲裁法中英对照

英国仲裁法

法律英语专业词汇汇总

Arbitration Act 1996(英国仲裁法)

中国仲裁法(英文版)

仲裁和诉讼法关键词汇

Law-英文术语

常用法律术语

劳动争议调解仲裁法中英对照小红书