15第十五章 不可抗力和国际贸易仲裁

Lesson 2 Arbitration

Definition The Arbitration refers to that the two parties, before or after the disputes arise, reach a written agreement that they will submit the disputes which cannot be settled through amicable negotiations to a third party for arbitration. Both parties shall settle the disputes complying with the result of arbitration as the arbitration result has legally binding force.
Lesson 1 Force Majeure

Definition
Force Majeure, also called Act of God, refers to an event that can neither be anticipated nor be preventable, avoidable and controllable after the conclusion of the contract, not resulted from the fault or neglect of the parties involved, leading to the failure or the delay of the fulfillment of contract; the party who fails or delays to fulfill the contract due to such event can be free from the liabilities, or to be given an option of terminating the contract or postponing the performance of the contract.
Lesson 2 Arbitration

Characteristics › To settle trade disputes, neither a governmental power nor with a coercive jurisdiction. › The settlement of the case is based on the will of both parties involved. › The parties involved shall sign an arbitral agreement before resorting to arbitration. › The parties involved are granted with the right to choose the arbitrators. › The procedures of arbitration are simple, settling the disputes more quickly, with a low cost.
Lesson 2 Arbitration

Characteristics › The settlement of a case is in accordance with the arbitration agreement concluded by both parties, excluding the possibility of resorting to the litigation and the jurisdiction of the court for the disputes. At the same time, the arbitral body and the concerned arbitrators are granted the jurisdiction relating to the case. › An arbitral verdict has a legally binding force, and is usually final, and binding upon both parties.
Lesson 2 Arbitration
Leabharlann Baidu
Forms of Arbitration Agreement › the arbitration agreement concluded before the dispute › the agreement for arbitration
Lesson 2 Arbitration

Arbitration Clause in Contract › Arbitration in our Country › Arbitration in the Country of the Defendant › Arbitration in a Third Country Agreed by Both Parties
Chapter 15
Force Majeure and Arbitration in International Trade

Force Majeure Arbitration Cases
Lesson 1 Force Majeure

Definition Significance of Force Majeure Clause Stipulation of Force Majeure Clause Notes to Quoting Force Majeure Clause
Lesson 1 Force Majeure

Significance of Force Majeure Clause With a view to avoiding the unnecessary disputes due to a Force Majeure event, and preventing the arbitrary explanation of the Force Majeure event, unreasonable requirement proposed, or unreasonable refusal of the reasonable requirement proposed by the other party, it is very necessary to make a Force Majeure clause in a sales contract, specifying the nature, scope, principle, and settlement of the Force Majeure clearly so as to the execution of the contract.
Scope of Force Majeure Events
Natural disasters such as flood, fire, ice damage, storm, heavy snow, earthquake, etc. Social disasters such as war, strike, the governmental ban, etc.

Lesson 1 Force Majeure

Notes to Quoting Force Majeure Clause › The party who suffers from force majeure event shall notify the other party immediately. › The party who receives the notification and supporting document about the force majeure event from the other party shall reply the other party promptly as required. › After the confirmation of a force majeure event, the settlement of the event shall be made according to the requirements of the contract.
Lesson 2 Arbitration

Functions of Arbitration Agreement › The both parties involved are bound to the arbitration agreement. › If one party breaches the arbitration agreement and has resorts to the court at its own will, the other party may require the court to refuse the case according to the arbitration agreement, and brings the case to the arbitral tribunal for judgment. › The arbitration tribunal or arbitrator is granted the jurisdiction of the case concerning the dispute.
Lesson 1 Force Majeure

Stipulation of Force Majeure Clause › Scope of Force Majeure Events › Essential ways of stipulation › Settlement of Force Majeure Events › Notification and Proof of Force Majeure Events

Essential ways of stipulation

Brief Stipulation Concrete Stipulation Synthesized Stipulation
Settlement of Force Majeure Events
There are two kinds of legal consequences arising from a force majeure event: (1) termination of the contract (2) postponement of the contract fulfillment The adoption of the settlement ways is dependent on the effect of the force majeure event.

Arbitration Procedure › Arbitration Application › Arbitration Tribunal Formation and Arbitrators Appointment › Proceedings of Case › Award Issuance
Lesson 2 Arbitration
Lesson 2 Arbitration


Definition
Function and Forms of Arbitration Agreement Arbitration Clause in Contract Arbitration Procedure Enforcing an Award