教学课件 《国际贸易实务》.ppt

5 sales problem causing claims Not keeping promises Speaking with many voices Not knowing the customer Not knowing the seller Predicting the future * Clause in respect of claim in an import and export contract Discrepancy claim clause Proofs Period for claims Penalty * The arbitration clause in commercial contracts It states that all disputes arising from the contractual agreements are to be settled by binding arbitration in whatever state and city you do business. The dispute will be reviewed and decided by an independent arbitrator as set forth under the current commercial arbitration rules. Each party will pay their personal legal expenses. The judgment of the arbitrator is binding to each of the parties and final, in the sense that you or the other parties of the contract have no legal recourse relating to the arbitrators decision. * The neutral arbitrates Discovery requests and disputes The application and degree of the rules of evidence Expert witnesses and cross examinations All pertinent evidence Arguments for all involved parties * Pros cons of Trade claims Advantages Disadvantages Chapter 11 Business Negotiation and Conclusion of the Contract Learning Objectives What are the indispensable processes to a business negotiation? How to establish a lawful contract? Contents of Business Negotiations (1) the subject matter of the contract ,including the name, quality, quantity, and packing of the goods ; (2) the price of the goods;  (3) the seller’s liabilities of making delivery of the goods. (4) the buyer’s liabilities of taking delivery of the goods and making payment. ; (5) the methods to prevent the occurrence of disputes and methods to settle disputes in case there is any (including commodity inspection, claims, force majeure, and arbitration, etc. ). Forms of Business Negotiations Verbal negotiation Written negotiation General Procedure of Business negotiation enquiry, offer, counter-offer, acceptance (1) enquiry Business negotiations