国际商法名词解释

国际商法名词解释

Arbitration: the process by which parties to a dispute submit their differences to the judgment of an impartial third person or group selected by mutual consent.

Convention:legally binding agreement between states sponsored by an international organization.

Custom :a long established tradition or usage that that becomes customary law if it is a consistently or regularly observed and recognized by those states observing it as a practice that they must obligatorily follow.

Estoppel:legal rule that one cannot make an allegation or denial of fact that is contrary to one’s previous words or actions. Supranational powers: powers that surrendered by member states to an intergovernmental organization. Such powers are superior to and preempt the laws and regulations of its member states. In exercising these powers ,the organization may grant rights and privileges to the nationals of its member states ,which those individuals may directly invoke.

Customs union（关税同盟）a group of states that have reduced or eliminated trade barriers between themselves and have established a common external tariff.

Free trade area :a group of states that have reduced or eliminated trade barriers between themselves but maintain their own individual tariff as to other states.

Civil law :!)the legal system derived from Roman or Germanic practice and set out in national law codes. 2) as distinguished from public law, the body of law dealing with the rights of private citizens.

Common law: the legal system of England and countries that were once English colonies . it is forum based primarily on court-made rules or precedent.

Precedent : an act or instance that may be used as a model for later similar cases .

Conciliation : the process by which an impartial third party makes an independent investigation and suggests a solution to a dispute .

Forum : the court or locale wherein cases are judicially tried. Forum selection clause :a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract.

Choice-of-law clause :a provision in a contract designating the state whose law will govern disputes relating to the contract. Forum non conveniens :doctrine that a municipal court will

decline to hear a dispute when it can be better or more conveniently heared in a foreign court.

Civil law partnership : a company of two or more persons who co-own and manage a business and who are each reliable to the full extent of their personal assets for its debts.

Company : an association of persons or of capital organized for the purpose of carrying on a commercial ,industrial, or similar enterprise.

Articles of incorporation : the basic instrument creating and defining a particular corporation ,which is filed with a state agency at the time of the firm’s corporation.

Quorum : the number of persons ,or persons owning a number of shares ,who must be present before a meeting of a deliberative body may be convened and business transacted. Subsidiary : company owned by a parent or a parent’s holding company .unlike a branch ,it is separately incorporated.

Joint venture : an association of persons or companies collaborating in a business venture for more than a transitory time period.

Holding company : company owned by a parent or parents to supervise and coordinate the operations of subsidiary companies.