国际商务合同复习资料
2、如何降低外汇风险
How to reduce the risk of foreign exchange?
①the seller can pay in the currency of his or her own country or more stable and relatively stronger currency
②The buyer can pay in weak or soft currency
③Payment in a unit of account (such as a special drawing right SDR)
④Use of a factor
⑤Use of forward and options contracts in a process known as hedging
3.为什么保护知识产权很重要？P71-P72 +后果
Why the protection of intellectual property is very important?
Unique designs, methods, names, and symbols constitute industrial and intellectual property. The exclusive rights to such property are valuable. For example, a name can serve not only to distinguish your goods are services but also to extend the buyer’s trust to your entire product or service line.
If another trader use your name or copy your design without your consent, you may lose not only sales but also the value of your reputation. You may even lose your exclusive rights to your name, work, or design. So the contractual protection of your exclusive rights to your industrial and intellectual property is very important.
4、合同纠纷解决要扩展(page 113)
Contract dispute resolution
Communication, waiver, modification and negotiation 沟通、豁免、修改、谈判Communication between you and your foreign business partner is essential to keeping the relationship. 你们和你的外国商业伙伴之间的交流是保持关系是至重要原因的。Negotiation, followed by written confirmation of any waiver or modified contract term, is the most effective means of resolution in terms of cost and time谈判,紧随其后的书面确认任何放弃或修改合同期内,最有效的手段是在成本和时间方面决议
1) Mediation调解
The process of Mediation is in essence a negotiation that is facilitated by an object third person.调解的过程,本质上是一次借助于一个对象是第三人的谈判
Advantages and disadvantages: the focus of mediation is on the future relationship of the parties.优点和缺点:调解的焦点是对未来双方的关系。
This process is informal, relatively easy and fast, and less costly than arbitration or trial.这个过程被非正式的、相对简单和快速,仲裁费用少于或审判。
Procedures: the parties typically choose a mediator or are referred to mediation by a court before litigation is pursued.
2) Arbitration
Arbitration is an adjudicatory process that is held before an object third party who renders a decision based on the adversarial presentations of the disputing parties.仲裁是一个评判过程举行前呈现一个第三方的对抗性的演讲
The process of arbitration is controlled by laws, rules, and regulations specific to the forum chosen for the arbitration. Thus the procedures will vary depending on the forum selected by the parties仲裁的过程的控制是由法律、规则和特定规定。因此,程序将取决于法庭当事人选择
3) Litigation
Litigation is costly, time consuming, and even if ultimately resolved in your favor still does not address a primary concern. The courts of many countries are biased in favor of their own nationals, and foreigners rarely, if ever, obtain satisfaction. The best advices is to avoid litigation altogether诉讼是昂贵的,耗时的,即使最终解决有利于你，但是诉讼仍然没有解决当事人主要关心的问题。很多国家的法院诉讼都有利于自己的公民而不利于国外公民，如果可以的话，,皆大欢喜的情况，最好的建议完全是为了避免诉讼
5、如何使合同条款更加严谨？
How to tighten your clauses? P88 10选6
6、仲裁与诉讼的比较
Advantages to arbitration 仲裁的优势
1、It is less expensive and faster than a court trial
2、The parties tend to have more control over the choice of the decision makers
3、Many of the rules governing procedures and admission of evidence are relaxed in
arbitration proceedings
Disadvantages to arbitration 仲裁的不足
1、In many countries, arbitration is unavailable or is just being developed
2、The relatively low cost of arbitration when compared with trial proceedings does
not mean that arbitration is cheap
3、The arbitration will resolve past differences, but often will not build a continuing
relationship
Litigation to Advantages 诉讼的优势
1、In many countries , the court systems are well-developed and effective, you may
just get a quick and fair trial
2、You may even be a awarded costs and attorney’s fees as the winning party
3、You may find that enforcement is fairly easy