进出口实务与操作（英文版）chapter8internationalcommercialdisputeresolution

1、Chapter 8,International Commercial Dispute Resolution,Chapter Objectives,Students will learn : The role of mediation in resolving disputes. The role of arbitration in international dispute resolution. The importance of the “New York Convention“ in enforcing arbitration awards. The role of ICC in international dispute resolution. The role of jurisdiction and service of process in commencing international litigation. Factors weighed by courts in selecting the law to apply to a dispute. The functio

2、n of WTO in international commercial dispute.,Chapter Structure,Section One Introduction Section Two Alternative Dispute Resolution Section Three Litigation Section 4 World Trade Organization,Section 1 Introduction,ADR Litigation,Mediation Arbitration,Section Two Alternative Dispute Resolution,Mediation: voluntary nonbinding conciliation process,Section Two Alternative Dispute Resolution,Arbitration: legally binding award enforced by courts Case 1 The Court rejected the application in the court

3、and confirmed the validity of the arbitration agreement.,Section Two Alternative Dispute Resolution,Advantages of arbitration Final, binding decisions International recognition of arbitral awards Neutrality Specialized competence of arbitrators Speed and economy Confidentiality,Section Two Alternative Dispute Resolution,Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention of 1958) Courts of each contracting state: to recognize arbitration agreements in writing and to r

4、efuse to allow a dispute to be litigated before them when it is subject to an arbitration agreement; and to recognize and enforce foreign arbitral awards.,Section Two Alternative Dispute Resolution,ICC Arbitration (The International Chamber of Commerce) ICC arbitration standard clause: “All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the

5、Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”,Section Two Alternative Dispute Resolution,ICC arbitration distinctive features The Secretariat of the ICC Court Designation of arbitrators Monitoring the arbitral process Fixing arbitrator remuneration Scrutinizing arbitral Awards ICC arbitration process,Section Three Litigation,Problems in international litigation: personal jurisdiction service of process confl

6、ict of laws evidence from abroad enforcement of judgment,Section Three Litigation,1. Service of Process Hague Service Convention The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,Section Three Litigation,2. Jurisdiction subject matter jurisdiction Territorial jurisdiction In rem jurisdiction personal (in personam) jurisdiction,Section Three Litigation,3. Conflict of Laws lex fori lex partiae lex domicilii lex situs lex loci actus,Section Three Litigation,4. Discovery Hague Evidence Convention The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters,Section Three Litigation,5. Enforceability of Judgments The New York convention,Section Three Litigation,Does CISG apply? Case 2 Case 3,Section 4 World Trade Organization,Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) Dispute Settlement Body (DSB),

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