78-国际商事裁法习题及参考答案.docVIP

国际商事仲裁法习题及参考答案 Review List Reference for Final Exam Comparative study on the arbitration, conciliation and litigation Comparative study on ad hoc and institutional arbitration; On the relationship between the parties and the permanent arbitration institution and arbitral tribunal; On the method for settlement of the conflict of jurisdiction between the court and arbitral tribunal Comparative study on the Chinese Arbitration Law and UNCITRAL Model Law on International Commercial Arbitration. On the doctrine of competence-competence, separability doctrine Applicable law and its determination for the international arbitration agreement Applicable law and its determination for the international arbitration procedure Applicable law and its determination for the settlement of the merits of the dispute by arbitration How to determine the seat of arbitration in international arbitration practices? Due process in arbitration practice; Nationality of the international arbitral award and authority to determine; Criteria to distinct the domestic and foreign award Remedies on the arbitral awards Your comments on particular case: Zueblin, Parklito, Norsolar, Cardegna……. Question 1 Your client is currently negotiating a contract for the sale of computers to a Chinese company, whose place of business is in Shenzhen. They provided with you a draft arbitration clause and ask fro your advice: “Any dispute arising out of or in connection with this contract shall be settled by arbitration in Shanghai in accordance with the Arbitration Law of the People’s Republic of China.” You are asked: Point defects of the arbitration clause and give amendment of the clause Explain reasons for your amendment to your client. Question 2 Your client Hong Kong Corporation has already entered into a contract with a Japanese Corporation for the sale of computers. The parties have agreed to settle their contract dispute by arbitration in China International Economic and Trade Arbitration Commission