商务合同 复习资料.doc

1、解释贸易术语 P46 2、如何降低外汇风险 How to reduce the risk of foreign exchange? P69 ①the seller can pay in the currency of his or her own country or more stable and relatively stronger currency ②The buyer can pay in weak or soft currency ③Payment in a unit of account (such as a special drawing right SDR) ④Use of a factor ⑤Use of forward and options contracts in a process known as hedging 3.为什么保护知识产权很重要？P71-P72 +后果 Why the protection of intellectual property is very important? Unique designs, methods, names, and symbols constitute industrial and intellectual property. The exclusive rights to such property are valuable. For example, a name can serve not only to distinguish your goods are services but also to extend the buyer’s trust to your entire product or service line. If another trader use your name or copy your design without your consent, you may lose not only sales but also the value of your reputation. You may even lose your exclusive rights to your name, work, or design. So the contractual protection of your exclusive rights to your industrial and intellectual property is very important. 4、合同纠纷解决你们和你的外国商业伙伴之间的交流保持关系是至重要的。谈判,紧随其后的书面确认任何放弃或修改合同期内,最有效的手段是在成本和时间方面决议调解调解的过程,本质上是一次借助于一个对象第三人谈判优点和缺点:的焦点是对未来双方的关系。这个过程被非正式的、相对简单和快速,仲裁费用少于或审判。仲裁是一个过程举行呈现一个第三方的对抗性的演讲仲裁的过程法律、规则和特定规定。因此,程序将取决于当事人选择诉讼是昂贵的,,即使最终解决有利于你仍然没有解决主要关心的。很多国家的法院都有利于自己的公民如果最好的建议完全是为了避免诉讼arbitration is cheap The arbitration will resolve past differences, but often will not build a continuing relationship Litigation to Advantages 诉讼的优势 In many countries , the court systems are well-developed and effective, you may just get a quick and fair trial You may even be a awarded costs and attorney’s fees as the winning party You may find that enforcement is fairly easy Disadvantages to litigation 诉讼的不足 1、Litigation is more expensive and slower than arbitration 2、The parties tend to have less control over the choice of the decision maker 3、Many of the rules governing procedures and admission of evidence are strict in