进出口实务与操作英文版课件李月菊 ISBN9787811342178Chapter 8.pptVIP

Import-Export Practices and Operations Chapter 8 International Commercial Dispute Resolution Chapter Objectives Students will learn : The role of mediation in resolving disputes. The role of arbitration in international dispute resolution. The importance of the New York Convention in enforcing arbitration awards. The role of ICC in international dispute resolution. The role of jurisdiction and service of process in commencing international litigation. Factors weighed by courts in selecting the law to apply to a dispute. The function of WTO in international commercial dispute. Chapter Structure Section One Introduction Section Two Alternative Dispute Resolution Section Three Litigation Section 4 World Trade Organization Section 1 Introduction ADR Litigation Section TwoAlternative Dispute Resolution Mediation: voluntary nonbinding conciliation process Section TwoAlternative Dispute Resolution Arbitration: legally binding award enforced by courts Case 1 The Court rejected the application in the court and confirmed the validity of the arbitration agreement. Section TwoAlternative Dispute Resolution Advantages of arbitration Final, binding decisions International recognition of arbitral awards Neutrality Specialized competence of arbitrators Speed and economy Confidentiality Section TwoAlternative Dispute Resolution Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention of 1958) Courts of each contracting state: to recognize arbitration agreements in writing and to refuse to allow a dispute to be litigated before them when it is subject to an arbitration agreement; and to recognize and enforce foreign arbitral awards. Section TwoAlternative Dispute Resolution ICC Arbitration (The International Chamber of Commerce) ICC arbitration standard clause: “All disputes arising out of or in connecti