wto introduction and dispute.ppt

Composition of Tribunal Sole arbitrator tribunal Three arbitrators tribunal Trial of the case Terms of reference Place of arbitration Method of trial Award rendered Terms of reference(ICC Art.18) Parties’names and descriptions; Communicable addresses of the parties Parties’ brief claims and counterclaims List of issue to be determined Arbitrators full names and descriptions Place of the arbitration Other particulars 审理方式 开庭审理：oral hearing 书面审理: without oral hearing based on the written documents Hearings Chairman arbitrator declared the parties and the composition of the tribunal Statement of claim Answer Evidence Conciliation upon the agreement Close statement Without Hearing On the basis of documents and other materials for summary procedure By parties autonomy Languages to be used By arbitration rules By parties autonomy End of the Procedure Find out the facts Apply appropriate law Render award impartially and independently Applicable Law for Int’l Arbitration Procedure Basic principle: parties’ autonomy Role of the law of the State where the arbitration is taken place Mandatory provisions Practices in China Arbitration legislation relating to arbitration procedure Arbitration rules of the arbitration commissions Conciliation in the arbitration proceedings Chapter 5Enforcement of Arbitral Awards Remedies for International Awards Set aside (撤销） Refusing enforcement（拒绝执行） General principle: National courts are entitled to set aside their own awards. As to foreign awards, the courts may only decide whether to enforce or not. Conditions for refusing enforcement under NYC General principle: procedure issues instead of merits of the case Invalid arbitration agreement Lack of due procedure Tribunal beyond authority Impropriate composition of the tribunal Non-arbitrability of the dispute Award in conflict with the public policy Case Study Your client is currently negotiating a contract for the sale of computers to a Chinese company, whose place of bus