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1.State the basic features of arbitration
(1) It is a means of resolving disputes;(2分)
(2) It involves a third party who is
usually independent; (2分)
(3)It is semi-judicial and is usually more
informal than litigation; (2分)
(4) It is semi-autonomous; (2分)
(5) An arbitral award is enforceable in
law. (2分)
2.According to CISG, in which circumstances, the parties are bound by
the usage?
(1) The parties are bound by any usage to
which they have agreed and by any practices which they have established between
themselves. (2分)
(2) The parties are considered, unless
otherwise agreed, to have impliedly made applicable to their contract or its formation
a usage of which the parties knew or
ought to have known (2分)and which in
international trade is widely known to,(2分) and regularly observed by,
(2分)parties to contracts of the type
involved in the particular trade
concerned. (2分)
卷B
1.State the classification of trade in services in GATS and give some
examples.
(1)
Cross border supply is services supplied from one
country to another. Example: international phone call (2分)
(2)
Consumption abroad is the consumers from one
country making use of the service in another country. Example: tourism(2分)
(3)
Commerce presence is a company from one country
setting up subsidiaries or branches to provide services in another country.
Example: a bank from one country setting up operations in another country(3分)
(4)
Movement of natural person is individuals traveling
from their own country to supply services in another country. Example:
construction worker from their own country working in another country(3分)
2.Which terms are revised most in the Incoterms 2000 and how they are
revised?
(1)FCA was revised in the Incoterms 2000.
In the new version, it stipulated that the chosen place of delivery has an
implicit on the obligations of loading and unloading the goods at that place. If delivery occurs at the seller’s premises,
the seller is responsible for loading. If delivery occurs at any other place,
the seller is not responsible for unloading. (4分)
(2)FAS was revised in the Incoterms 2000.
In the new version, it required the seller to arrange for export clearance. (3分)
(3)DEQ was revised in the Incoterms 2000.
In the new version, it required the buyler to arrange for import clearance. (3分)
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