商务英语Chapter8

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The Claims, Conciliation and Arbitration of Business Negotiation
Notes on the Text
1 .When one party presents a claim，it is important to consult the contract to see whether such a claim is justified 2. It is very important to study the nature of a breach in handling cases of compensation claims because it decides the responsibility of the party which has breached the contract. 3 .If the time limit for a claim is overdue，the injured party loses the right to claim damages even if the goods are of bad quality. 4. When applying for arbitration，the parties concerned must submit the contract which includes a clause for arbitration of a temporary agreement on arbitration，otherwise their application will be rejected.
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The Claims, Conciliation and Arbitration of Business Negotiation
Text: The Claims, Conciliation and Arbitration of Business Negotiation
Conciliation Conciliation is a nonbinding agreement between parties to settle disputes by asking a third party (agreed upon by both the seller and the buyer) to mediate differences. It is an informal process in which the third party tries to bring the disputing parties together. Conciliators hope that during this process they can help to lower tension .to improve communication, to interpret issues amicably, to provide technical assistance, to explore potential solutions, and finally to bring about a negotiated settlement either informally or, in a subsequent step, through formal mediation. Conciliation is often used in disputes where the parties are unable, unwilling, or unprepared to come to the table to negotiate their differences.
Chapter Eight The Claims, Conciliation and Arbitration of Business Negotiation
Learning Focus学习要点
1.Master the concepts of the claim，conciliation and arbitration. 掌握索赔，调解和仲裁的概念。 2.Get a general idea about the characteristics of arbitration. 了解仲裁的特点。 3.Comprehend correctly the difference between conciliation and arbitration. 准确把握调解和仲裁的不同点。 4.Remember the new words，phrases and expressions in the text. 牢记课文中的新单词和词组。 5.Read the text extension freely. 熟读拓展课文。
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The Claims, Conciliation and Arbitration of Business Negotiation
Arbitration If conciliation is not used or an agreement cannot be reached，the next step is arbitration. Arbitration is a means of settling a dispute between two parties by the impartial decision of the third party. Two Characteristics of Arbitration 1)An agreement must be reached between the two parties on settling the dispute through arbitration. 2)Generally，the ruling of arbitration is final. That is，the arbitrator to whom the two parties have agreed to resort appeal to the court( shall make the final award. The disputing parties cannot refuse the ruling or unless they can prove with facts that the arbitration is against the law or the arbitrator has acted unfairly).
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The Claims, Conciliation and Arbitration of Business Negotiation
The Necessity of Arbitration Clause Agreement Required by Arbitration Clause The Contents of Arbitration Clause What Arbitral Rules of Procedure Will Be Used? The Difference Between Conciliation and Arbitration
make a judgment做出裁判
reach an agreement达成ຫໍສະໝຸດ Baidu议
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The Claims, Conciliation and Arbitration of Business Negotiation
settle a dispute解决争议 apply for申请 make the final award做出最终裁决 act as起…的作用 resort to诉诸于，采取 break a contract毁约 terminate a contract终止合同 abide by遵守，信守
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The Claims, Conciliation and Arbitration of Business Negotiation
5 .Generally，the ruling of arbitration is final. That is，the arbitrator to whom the two parties have agreed to resort shall make the final award. The disputing parties cannot refuse the ruling appeal to the court (unless they can prove with facts that the arbitration is against the law or the arbitrator has acted unfairly
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The Claims, Conciliation and Arbitration of Business Negotiation
Therefore，whenever a dispute occurs，it is always advisable to try to settle it by amicable negotiation. That is，a third party could be invited to act as a conciliator to mediate the dispute. The conciliator expresses his opinions about the dispute and convinces the relevant parties that it is in their interests to work out a satisfactory compromise. The opinions of the conciliator are not compulsory; either disputing party keeps the right whether to abide by the conciliator's suggestion or not.
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The Claims, Conciliation and Arbitration of Business Negotiation
Phrases&Expressions
perform one's obligation履行职责 appeal to向……呼吁，向……投诉 make/present a claim提出索赔 apart from除……以外