《模拟仲裁.ppt》由会员分享，可在线阅读，更多相关《模拟仲裁.ppt（21页珍藏版）》请在三一文库上搜索。
1、,模拟仲裁,Arbitration,指导老师 曹培忠教授 策 划：法三班委 制作人： 天笑,The facts for the arbitration A, lit. com. Located in Main land of PRC, as an exportation, signed a agreement with the B, located in Hong Kong SAR, sale of goods of Salary under the condition of the terms of Price CIF Sydney, in the agreement, the Credit
2、 of Letter for the payment for the parties and the ownership for the Salary is preserved by the seller until the goods to payment for the seller from the bank C. The B sale the salary goods to the D, located in the Australia, C banks refused to pay the fees of the goods. A, preserved the goods to ob
3、taine the benefits. A arbitrated.,A是大陆的一家有限责任公司，与香港的B公司签定了一份货物买卖合同。格式是CIF悉尼，条件是A公司一直保有物权，支付方式是信用证支付。直到C银行支付给A货物的货款。同时，B公司又卖给了在悉尼的D公司。在货物运往悉尼的途中，货物丢失,C银行拒绝支付给A货物费用，A提出仲裁请求以维护自己的利益。,案情介绍,。,The styles for the case under the Maritime Code,seller,Buyer,Banks,IC,TC,D,Notes : the legal relationship AB AC C
4、B A com AT BD AT Under the CIF,Procedure,1 Check and examine the parties 2 Declare the arbitration rights and obligation of the parties 3 Investigation 4 Provide the evidence 5 Defense 6 Notice the witness to the court 7 Close the court for award 8 Declare the award,We can ask questions:,?,As a lawy
5、er to service the Case the opinions are as follows: 1 firstly the contracts between A and B available the B and others shall bear the obligation. 2 secondly, under the principle of property, A enjoy the priority of property. So B shall compensate the goods loss 3 thirdly, the arbitrations agreements
6、 are signed and available,statement of client A,As a lawyer the opinions are as follows: First for B the request from A is unfair Second the goods is stolen by others Third under the condition is priority the payment is available for C.,Statement of client(B),1 the financial contracts is separated f
7、rom the sale of contracts under uc500 2 C did not bear the compensate for A 3 he difference between the sale goods and financial contracts.,Statement of client(C),1 There is another a legal relationship between B and D which is not the same as the relationship between a and b 2 D is injured by B enj
8、oys the counter-arbitration.,Statement of client(D),Firstly, As compensation is bound to B on the condition of contract, especially CIF Secondly, refuse to claim against C and D The award is final for all parties.,The Taian Arbitration Ctt awarded as the fo llow:,Declare the award,As a witness, I ce
9、rtify that the goods of contracts which is related to the contracts between A and B is stolen in south-china-sea .All testimony is available.,Witness statement,As a witness, I certify that the goods of contracts related to the contracts between A and B is stolen. The information is stated in newspap
10、er,Witness statement,Check And Examine,Applicant: name, address, telephone number Respondent :the first respondent .the second respondent.the third respondent.,next,Request 1 compensate CIFs fees 2 bear the arbitration fees Base of application Arbitrational agreement in the No.1 sale of contracts be
11、tween A and B Matters and facts In 2003 ,A signed a contracts with B for sale of goods to preserve the ownership under the condition .B breached the contract to make a loss for A ,such as CIF fees and others . As legal right is infringed by the B C and D .On the base of arbitration ,if the dispute t
12、o arise seeking for a arbitration under the xx Arbitration Court. So the application for arbitration is submitted. Look forward to being protected by law .,next,Objection of statement(B) Due to the cases against the Respondents for the disputes of the sales of the goods, the statement of the objecti
13、on are as follows: The statements are as follows 1 the goods are stolen by the others without result for the first respondent 2 For the b, it is unfair if the compensation is taken 3 B did not control the Goods without payment. 4 B has applied for the L/C,next,Due to the cases against the Respondent
14、s for the disputes of the sales of the goods, the statement of the objection are as follows: 1 the Cs obligation is payment to A, under the requirement uc500 int. customary law the contract is separated from the contracts of sale of goods. 2 c did not bear the obligation to compensate As loss.,objec
15、tion of statement(C),next,Due to the cases against the Respondents for the disputes of the sales of the goods, the statement of the objection are as follows: 1 between B and D, there is another contract of sale which is not the same as the first contract D is the respond party in the case 2 Apply fo
16、r the arbitrator to refuse the arbitration from A 3 D enjoys the counter-arbitration in the case .,Objection of statement(D),all the parties enjoy the rights as follows (a)statement for case and objection (b)require the relevant parties (c)withdraw the application and apply for the complication clai
17、m Obligations abide the rule rules of the law deal with the documents and supply evidence for the arbitration.,Rights and Obligations,On the condition of the law the parties bear the obligation to support the evidence for their requirement . the applicant provide the evidence to the court. the respondent provide the evidence to the court,Provide the evidence,