国际商法英文版课件韩永红 ISBN9787566301918 PPTChapter 10.ppt

Chapter 10 Settlement of International Commercial Disputes I. Difficulties in Settling International Commercial Disputes Geographical spans Different legal systems Possible multiple forums Question of enforcement II. Methods of international commercial disputes settlement Negotiation ---reaching an agreement by the parties Mediation or conciliation --- a voluntary, nonbinding conciliation process Mini-trial --- a newly developed way Arbitration ** Litigation ADR ? III. Arbitration Understanding arbitration --- The parties agree to submit a dispute for settlement to private persons, which results in a binding award that will be enforced by the competent court. --- Its two dimensions --- international commercial arbitration ---- ad hoc arbitration; institutional arbitration III. Arbitration International Commercial Arbitration Institutions 1. ICC International Court of Arbitration It was established in 1923 as the arbitration body of the ICC. It has administered over 13,000 arbitration cases involving parties and arbitrators for more than 170 countries and territories. ICC Model Arbitration Clause: “All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.” III. Arbitration 2. London Court of International Arbitration Established in 1892, one of the oldest and most wide-ranging of the arbitral institutions. LCIA Model Arbitration Clause: “Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, Which Rules are deemed to be incorporated by reference into this clause. The number of arbitr