国际贸易理论与实务双语教程第十五章_不可抗力和国际贸易仲裁教材教学课件.pptVIP

Force Majeure Arbitration Cases; Definition Significance of Force Majeure Clause Stipulation of Force Majeure Clause Notes to Quoting Force Majeure Clause ;Definition Force Majeure, also called Act of God, refers to an event that can neither be anticipated nor be preventable, avoidable and controllable after the conclusion of the contract, not resulted from the fault or neglect of the parties involved, leading to the failure or the delay of the fulfillment of contract; the party who fails or delays to fulfill the contract due to such event can be free from the liabilities, or to be given an option of terminating the contract or postponing the performance of the contract. ;Significance of Force Majeure Clause With a view to avoiding the unnecessary disputes due to a Force Majeure event, and preventing the arbitrary explanation of the Force Majeure event, unreasonable requirement proposed, or unreasonable refusal of the reasonable requirement proposed by the other party, it is very necessary to make a Force Majeure clause in a sales contract, specifying the nature, scope, principle, and settlement of the Force Majeure clearly so as to the execution of the contract.;Stipulation of Force Majeure Clause Scope of Force Majeure Events Essential ways of stipulation Settlement of Force Majeure Events Notification and Proof of Force Majeure Events;Natural disasters such as flood, fire, ice damage, storm, heavy snow, earthquake, etc. Social disasters such as war, strike, the governmental ban, etc.;Brief Stipulation Concrete Stipulation Synthesized Stipulation ;There are two kinds of legal consequences arising from a force majeure event: (1) termination of the contract (2) postponement of the contract fulfillment The adoption of the settlement ways is dependent on the effect of the force majeure event. ;Characteristics To settle trade disputes, neither a governmental power nor with a coercive jurisdiction. The settlement of the case is based on the will