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法律英语日记III-Dispute Resolution 争议解决

  1. juridiction: all claims, disputes or difference whatover arising out of or in connection with this contract, including without limitation to any question regarding ites existence, validity or termination shall be referred to …
  2. arbitrtion organizations:

a. Shanghai International Economic and Trade Arbitration Commission (Shanghai

International Arbitration Center) (SHIAC) 上海国际经济贸易仲裁委员会(上海国际仲裁中心)

b. China International Economic and Trade Arbitration Commission (CIETAC) (中国国际经济贸易仲裁委员会)

c. Singapore International Arbitration Centre (SIAC) 新加坡国际仲裁中心

d. London Court of International Arbitration (LCIA) 伦敦国际仲裁院

e. Hong KongInternational Arbitration Centre (HKIAC) 香港国际仲裁中心

f. International Chamber of Commerce (ICC) 国际商会仲裁院

3.any arbitral award shall be final and binding upon the parties and judgement shall may be entered thereon or any order of enforcement obtained in any court having jurisdiction.

4.the losing party shall bear any cost arising from the dispute, including but not limited to

the arbitration fee, lawyer fee and presevation fee .

5.rule of the aribitration organization:

SHIAC:

a. jurisdiction:1. international or foreign-related disputes;2. disputes relating to the

Hong Kong Special AdministrativeRegion, the Macao Special Administrative Region or theTaiwan region; 3. domestic disputes.

b. objection to the jurisdition:An objection to an arbitration agreement and/or jurisdiction

over an arbitration case shall be made in writing before the first hearing is held by the

tribunal.Where a case is to be decided solely on documentary evidence, such an objection shall be made before the time when the substantive defense is first submitted.

c. defense: Within forty five (45) days from the date of receipt of the Notice of Arbitration,

the Respondent shall submit a Statement of Defense in writing to the Secretariat.

d. couterclaim: the same time limit as defense.

e. amendment of claims or counterclaims: , the tribunal has the power to refuse any such amendment if it considers that the amendment is so late that it may affect the arbitration

proceedings.

f. representitives: A party may be represented by one (1) to five (5) authorized Chinese and/or foreign representative(s) to handle matters relating to arbitration. In such a case, a

Power of Attorney shall be submitted.

g. number of arbitrators. Unless otherwise agreed to by the parties or provided by these

Rules, the tribunal shall be composed of three arbitrators.

Where the parties have agreed to appoint arbitrators from outside of the Panel of Arbitrators, the arbitrator(s) so appointed by the parties or nominated according toArbitration Rules the agreement of the parties may act as co-arbitrator, presiding arbitrator or sole arbitrator after the appointment has been confirmed by the Chairman of SHIAC .