国际经济与贸易英语：chapter 9Claims, Force Majeure and Arbitration.pptVIP

Chapter 9: Claims, Force Majeure and Arbitration In int’l trade, complaints and claims from the customers, and disputes between the buyers and the sellers may arise although the two parties work very carefully in the performance of a contract. Sometimes they even submit their disputes to arbitration. However, many int’l contracts require that negotiation or mediation be used before any formal process is used, and mediation is the process preferred by many parties. Whichever process is chosen, the contract should also choose the forum or tribunal (论坛或法庭) and the governing law. Chapter 9: Claims, Force Majeure and Arbitration 9.1 Claims In int’l trade, disputes arise from time to time for various reasons, for instance, a buyer may breach a contract by refusing to accept goods with improper reasons or failing to pay for the goods when payment is due; a seller may violate a contract by failing to make an agreed delivery, delivering goods that do not conform to the contract. When disputes arise, the injured party usually will lodge a claim against the party concerned for compensation. Thus, claim can be defined as a demand made by one party upon another for a certain amount of payment on account of a loss sustained through its negligence. Therefore, to avoid or to properly handle future disputes, it is necessary to include a claim clause in a contract. Normally, there are two ways to stipulate claim clause in a contract:　 Discrepancy and Claim Clause (异议、索赔条款) Penalty Clause (罚金条款) 9.1 Claims 9.2 Force Majeure After the conclusion of a contract, some events beyond the parties’ control may occasionally take place, which makes it impossible for the parties concerned to fulfill the contract. In order to safeguard their interests, the parties of the contract usually stipulate a Force Majeure Clause in the Sales Contract. Force Majeure, also called Act of God, is an event that can be neither anticipated nor reduced to control. Force Majeure events enable a seller