法律英语-仲裁代理词

法律英语期末考试

题目Arbitration Statement of Attorneys

学院法学院

专业法律硕士

学生姓名陈磊

学号 S****** 年级研一

指导老师黄力华

教务处制表

二Ο一二年九月十三日

Arbitration Statement of Attorneys

Dear arbitrators,

Charlie Law firm accepted the commission of the applicant-Equapack, and assigned me as their arbitration agent. According to the Arbitration Rules and the requirements of the arbitral tribunal, I attended today's court proceedings. Now on the basis of the case I make the following agent advices:

1.the applicant was misled by the respondent when they were

subjected to purchase the machines.

The applicant mentioned in the offer that the machines they need could be expected to be used over a wide range of products, both fine goods and coarser goods, and presented that both price and prompt delivery would be essential elements of their purchasing decision. (Claimant’s Exhibit No.1) However, what the respondent has recommended to the applicant are Model 14 auger-feeder packaging machines, which have been discontinued in favor of Model 16. The respondent based only on the demands made by the applicant and recommended the applicant for the 14 machines which had been discontinued. According to the common sense, we know that the products are discontinued because of poor sales, defects or the emergence of new alternative products. In July 2002, the

applicant gave the respondent an offer to buy some machines, the applicants are strongly recommended to buy Model 14 auger-feeder packaging machines which were first introduced in 2000 and had been discontinued. Responde nt’s intention is obvious that is to sell the old products and make a profit. The applicant as a food packaging company lacks in understanding of the upgrading of the machines, and purchased Model 14 auger-feeder packaging machines by the misleading.

2. The respondent did not fulfill the obligations to make a reasonable and adequate description of the machines.

In the contract of sale, the buyer has a right to know. Buyers shall have the right to demand business operators, in light of the different conditions of commodities or services, to provide their prices, origin, manufacturers, usage, functions, standards, grades, main ingredients, date of production, term of validity, certificates of inspection, operation instructions, after-sale services or information relating to contents, standards and costs of the services. In the contract between the applicant and the respondent, the respondent did not make a reasonable and adequate description of the machines.

3. The respondent did not make an explanation of t he machine’s use and performance.