国际贸易实务双语教程Chapter 9 Force Majeure and Arbitration in International Trade.ppt

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国际贸易实务双语教程Chapter 9 Force Majeure and Arbitration in International Trade.ppt

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Case Study Case 1 Case 2 Case 3 Case 4 Case 5 Case 6 Case 7 Case 8 Case 9 Case 1: A Chinese importer had concluded a contract with a foreign company to import chemical products, however the foreign seller found he would be at a lose as the price of the products in the international market was rising. So he required to cancel the contract due to Force Majeure. Then as the Chinese importer, how to deal with the situation? Case 2: An institute in China signed an import contract with a Japanese seller to buy a set of precision appliance. It was stipulated to make delivery on Sep. in contract, but the Japanese government declared the kind of appliance was high-tech product which’s prohibited for export on 7th Sep and the regulation come into effect 7 days after the declaration. Then the Japanese buyer required removing the contract due to force majeure. Question: Is the requirement of Japanese seller reasonable? How to settle the matter as the Chinese buyer? Case 3: A Chinese importer has signed a contract with Iran company on 2nd November, 1990 in term of FOB. Due to the Gulf War breaking out, the ship of Chinese side cannot reach Iran port until the end of the Gulf War on April of 1991. The seller claimed for the compensation against us for the storage expense, is it reasonable? Case 4: A Chinese exporter made an offer of farm products in 1500 M/T to a British company at 348 Pounds per M/T CFR London with the total amount of GBP522000 and the delivery time of May-SEP. of the year. After the conclusion of the contract, there was a natural disaster in China (flood). Thus, the Chinese seller required to be free from the commitment of supply due to Force Majeure, but the buyer refused it saying that they got into a loss of GBP150000 due to the exporter’s failure of delivery as the market price of the product has risen for 8%, and claimed for the concerning compensation. The Chinese exporter didn’t agree with him. Finally, the both sides agreed to settle the dispute