国际贸易实务双语教程(第4版)chapter12
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The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depriving the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the contract as the consideration for performing those undertaking.
2 Stipulate the Force Majeure Clause in a Way to List the Contents
3 Stipulate the Force Majeure Clause in a Way to Colligation
Section Three Arbitration
1) Proofs for claiming 2) Claim amount 3) Claim Period 4) Seller's Responsibility for Settlement
The sellers may settle the claim upon the agreement of the
Examples of arbitration clauses Please read your text book
Clauses in respect of claim in an import and export contract can be fixed as follows:
(1) Discrepancy and claim clause: Claim amount: Period for claim
buyers in the following ways:
(1) Agree to the rejection of the goods and refund to the buyers the value of the rejected goods in the same currency as contracted herein, and bear all direct losses and expenses incurred from the rejection, including interest, banking charges, freight, insurance premium, inspection charges, storage charges and all other necessary expenses required for the custody and protection of the rejected goods.
(2) Devaluate the goods according to the degree of inferiority, extent of damage and amount of losses suffered by the buyers.
(3) Replace the defective goods with new ones which conform to the specification, quality and performance as stipulated in the contract, and bear all expenses incurred and direct losses sustained by the buyers. The sellers shall, at the same time, guarantee the quality of the replaced goods for a further agreed period.
(2) Proofs (3) Penalty:
Section Two Force Majeure
Force majeure means that the frustration of the contract by the party in question results from natural or social forces including flood, earthquake, typhoon, fire, war and government decrees of prohibition beyond the control of man. This party shall be free from liability for performance, or be given an option of prolonging the performance of the contract owing to the above-mentioned event or series of events.
Claim
Claim means that in international trade, one party breaks the contract and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses. In some contract, the two parties often stipulate clauses on settlement of claim as well as inspection and claim clauses.
In order to clarify what the term of force majeure covers under a particular contract, different ways
have been adopted.
1 Stipulate the Force Majeure Clause in a General Way
The objective of this chapter
Dispute and Claim
Force Majeure
Arbitration
Section One Dispute and Claim
Breach of Contract
Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract, resulting from, e. g. , repudiation of liability before completion, or conduct preventing proper performance.
Examples of arbitration clauses (Read your text book)
The differences between arbitration and legal actions can be generalized as follows
Issues should be considered in the negotiation of arbitration
1) Breach by the Seller 2) Breach by the Buyer 3)Both Parties are held responsible As to the case, please refer tputes
In international trade, disputes often arise between the two parties when one party thinks that the other fails to carry out the duties stipulated in the contract wholly or partially, which very likely leads to claim, arbitration and legal action.
Issues should be considered in the negotiation of arbitration :
(1)Place of Arbitration (2) Arbitration Body (3) Applicable arbitration rules (4)Arbitral Award
Dispute commonly to be settled by 3 ways:
Conciliation Arbitration Litigation
The definition of arbitration
Arbitration means 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 the third party for arbitration. Normally a board of arbitration consists of three arbitrators. Firstly, the plaintiff and the defendant choose one arbitrator respectively. Then, the two arbitrators so chosen by the plaintiff and defendant choose a third arbitrator.
Claim related to imports Claim Clauses
1) Discrepancy and claim clause 2) Proofs 3) Period for claim 4) Penalty
Problems Should be Paid Attention to When a Buyer Files a Claim
Unit 12 Disputes, Claim and Arbitration
Disputes arise in international trade for many reasons，for instance，a buyer may breach a contract by wrongfully refusing to accept goods or failing to pay for the goods when payment is due： a seller may violate a contract by failing to make an agreed delivery, delivering goods that do not conform to the contract etc. Usually a claim will be made, after the disputes, by the injured party against the other party.
2 Stipulate the Force Majeure Clause in a Way to List the Contents
3 Stipulate the Force Majeure Clause in a Way to Colligation
Section Three Arbitration
1) Proofs for claiming 2) Claim amount 3) Claim Period 4) Seller's Responsibility for Settlement
The sellers may settle the claim upon the agreement of the
Examples of arbitration clauses Please read your text book
Clauses in respect of claim in an import and export contract can be fixed as follows:
(1) Discrepancy and claim clause: Claim amount: Period for claim
buyers in the following ways:
(1) Agree to the rejection of the goods and refund to the buyers the value of the rejected goods in the same currency as contracted herein, and bear all direct losses and expenses incurred from the rejection, including interest, banking charges, freight, insurance premium, inspection charges, storage charges and all other necessary expenses required for the custody and protection of the rejected goods.
(2) Devaluate the goods according to the degree of inferiority, extent of damage and amount of losses suffered by the buyers.
(3) Replace the defective goods with new ones which conform to the specification, quality and performance as stipulated in the contract, and bear all expenses incurred and direct losses sustained by the buyers. The sellers shall, at the same time, guarantee the quality of the replaced goods for a further agreed period.
(2) Proofs (3) Penalty:
Section Two Force Majeure
Force majeure means that the frustration of the contract by the party in question results from natural or social forces including flood, earthquake, typhoon, fire, war and government decrees of prohibition beyond the control of man. This party shall be free from liability for performance, or be given an option of prolonging the performance of the contract owing to the above-mentioned event or series of events.
Claim
Claim means that in international trade, one party breaks the contract and causes losses to the other party directly or indirectly, the party suffering the losses may ask for compensation for the losses. In some contract, the two parties often stipulate clauses on settlement of claim as well as inspection and claim clauses.
In order to clarify what the term of force majeure covers under a particular contract, different ways
have been adopted.
1 Stipulate the Force Majeure Clause in a General Way
The objective of this chapter
Dispute and Claim
Force Majeure
Arbitration
Section One Dispute and Claim
Breach of Contract
Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract, resulting from, e. g. , repudiation of liability before completion, or conduct preventing proper performance.
Examples of arbitration clauses (Read your text book)
The differences between arbitration and legal actions can be generalized as follows
Issues should be considered in the negotiation of arbitration
1) Breach by the Seller 2) Breach by the Buyer 3)Both Parties are held responsible As to the case, please refer tputes
In international trade, disputes often arise between the two parties when one party thinks that the other fails to carry out the duties stipulated in the contract wholly or partially, which very likely leads to claim, arbitration and legal action.
Issues should be considered in the negotiation of arbitration :
(1)Place of Arbitration (2) Arbitration Body (3) Applicable arbitration rules (4)Arbitral Award
Dispute commonly to be settled by 3 ways:
Conciliation Arbitration Litigation
The definition of arbitration
Arbitration means 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 the third party for arbitration. Normally a board of arbitration consists of three arbitrators. Firstly, the plaintiff and the defendant choose one arbitrator respectively. Then, the two arbitrators so chosen by the plaintiff and defendant choose a third arbitrator.
Claim related to imports Claim Clauses
1) Discrepancy and claim clause 2) Proofs 3) Period for claim 4) Penalty
Problems Should be Paid Attention to When a Buyer Files a Claim
Unit 12 Disputes, Claim and Arbitration
Disputes arise in international trade for many reasons，for instance，a buyer may breach a contract by wrongfully refusing to accept goods or failing to pay for the goods when payment is due： a seller may violate a contract by failing to make an agreed delivery, delivering goods that do not conform to the contract etc. Usually a claim will be made, after the disputes, by the injured party against the other party.