国际合同纠纷仲裁裁决书 中英文

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2018-仲裁协议范本中英文-范文模板 (6页)

2018-仲裁协议范本中英文-范文模板 (6页)

本文部分内容来自网络整理所得,本司不为其真实性负责,如有异议或侵权请及时联系,本司将立即予以删除!== 本文为word格式,下载后可方便编辑修改文字! ==仲裁协议范本中英文种仲裁协议的特点是它是单独的仲裁协议,是在合同中没有规定仲裁条款的情况下,双方当事人为了专门约定仲裁内容而单独订立的一种协议。

想要仲裁协议范本中英文,请参考下面中英双语仲裁协议书【1】ARBITRATION AGREEMENT仲裁协议BY THIS AGREEMENT按本协议___OF______和___HEREBY AGREE TO REFER同意将all disputes and differences whatsoever between them双方之间的所有争议和分歧OR或all disputes and differences between them arising out of or in connection with a contract between them dated the __,20__因双方于20__年__月__日所签订的一项合同而产生的或与之有关的一切争议或分歧 OR或the disputes and differences set out in the Schedule to this Agreement本合同附件所列的争议和分歧MR. ___提交由___先生仲裁;OR或a single arbitrator who failing agreement shall be appointed by the president of the___on the application of either party.提交由一名仲裁员独立审理,如双方当事人就该仲裁员的指定不能达成协议,经一方当事人提请,其可由(某仲裁机构)主席指定;OR或a single arbitrator who failing agreement shall by appointed by the chairman for the time being of THE LONDON COMMON LAW BAR association under THE LANDON BAR arbitration scheme.提交由一名仲裁员独立审理,如双方当事人就该仲裁员的指定不能达成协议,可临时由伦敦普通法律师协会主席按伦敦律师仲裁规程指定。

仲裁协议范本中英文

仲裁协议范本中英文

仲裁协议范本中英文Arbitration Agreement仲裁协议1. Parties to the Agreement协议参与方This Arbitration Agreement ("Agreement") is entered into between the following parties:本仲裁协议(“协议”)由以下各方达成:Party A:甲方:Party B:乙方:2. Dispute Resolution Method纠纷解决方式Both parties agree that any dispute arising out of or in connection with this Agreement, or its formation, interpretation, breach, termination, or invalidity, shall be settled by arbitration.双方同意,任何因本协议产生的、或与本协议、其签订、解释、违约、终止或无效相关的争议,应通过仲裁解决。

3. Appointment of Arbitrator仲裁员的指定The parties shall jointly appoint a single arbitrator within 15 days after the dispute arises. If the parties fail to agree on the appointment of an arbitrator, either party may refer the matter to the arbitration institution for the appointment of an arbitrator.争议发生后的15天内,双方应共同指定一名仲裁员。

如果双方未能就仲裁员的任命达成一致意见,任何一方均可将该事项提交仲裁机构进行仲裁员的任命。

仲裁协议范本中英文

仲裁协议范本中英文

仲裁协议范本中英文种仲裁协议的特点是它是单独的仲裁协议,是在合同中没有规定仲裁条款的情况下,双方当事人为了专门约定仲裁内容而单独订立的一种协议。

想要仲裁协议范本中英文,请参考下面中英双语仲裁协议书【1】ARBITRATION AGREEMENT仲裁协议BY THIS AGREEMENT按本协议___OF______和___HEREBY AGREE TO REFER同意将all disputes and differences whatsoever between them 双方之间的所有争议和分歧OR或all disputes and differences between them arising out of or in connection with a contract between them dated the __,20__因双方于20__年__月__日所签订的一项合同而产生的或与之有关的一切争议或分歧 OR或the disputes and differences set out in the Schedule to this Agreement本合同附件所列的争议和分歧MR. ___提交由___先生仲裁;OR或a single arbitrator who failing agreement shall be appointed by the president of the___on the application of either party.提交由一名仲裁员独立审理,如双方当事人就该仲裁员的指定不能达成协议,经一方当事人提请,其可由(某仲裁机构)主席指定;OR或a single arbitrator who failing agreement shall by appointed by the chairman for the time being of THE LONDONCOMMON LAW BAR association under THE LANDON BAR arbitration scheme.提交由一名仲裁员独立审理,如双方当事人就该仲裁员的指定不能达成协议,可临时由伦敦普通法律师协会主席按伦敦律师仲裁规程指定。

SIAC 新加坡国际仲裁条款英文版

SIAC 新加坡国际仲裁条款英文版

Arbitration Rules of the Singapore International Arbitration Centre SIAC Rules 4th Edition, 1 July 2010 (Download PDF format)1. Scope of Application and Interpretation2. Notice, Calculation of Periods of Time3. Notice of Arbitration4. Response to the Notice of Arbitration5. Expedited Procedure6. Number and Appointment of Arbitrators7. Sole Arbitrator8. Three Arbitrators9. Multi-party Appointment of Arbitrator(s)10. Qualifications of Arbitrators11. Challenge of Arbitrators12. Notice of Challenge13. Decision on Challenge14. Replacement of an Arbitrator15. Repetition of Hearings in the Event of Replacement of an Arbitrator16. Conduct of the Proceedings17. Submissions by the Parties18. Seat of Arbitration19. Language of Arbitration20. Party Representatives21. Hearings22. Witnesses23. Tribunal-Appointed Experts24. Additional Powers of the Tribunal25. Jurisdiction of the Tribunal26. Interim and Emergency Relief27. Applicable law, amiable compositeur28. The Award29. Correction of Awards and Additional Awards30. Fees and Deposits31. Costs of Arbitration32. Tribunal's Fees and Expenses33. Party's Legal and Other Costs34. Exclusion of Liability35. Confidentiality36. General ProvisionsSCHEDULE 1 - EMERGENCY ARBITRATORSCHEDULE 2 - SPECIAL PROVISIONS FOR SIAC DOMESTIC ARBITRATION RULESRule 1: Scope of Application and Interpretation1.1 Where parties have agreed to refer their disputes to the SIAC for arbitration, the partiesshall be deemed to have agreed that the arbitration shall be conducted and administered in accordance with these Rules. If any of these Rules is in conflict with a mandatory provision of the applicable law of the arbitration from which the parties cannot derogate, that provision shall prevail.1.2 These Rules shall come into force on 1 July 2010 and unless the parties have agreedotherwise, shall apply to any arbitration which is commenced on or after that date.1.3 In these Rules –“Award” means any deci sion of the Tribunal on the substance of the dispute and includesa partial or final award or an award by an Emergency Arbitrator pursuant to Schedule 1;“Board” means the Board of Directors of the Centre;"Centre" means the Singapore International Arbitration Centre, a company incorporated under the Companies Act of the Republic of Singapore as a company limited by guarantee;"Chairman" means the Chairman of the Centre and includes the Deputy Chairman and the Chief Executive Officer;“Committee of the Board” means a committee consisting of not less than two Board members appointed by the Chairman (which may include the Chairman);"Registrar" means the Registrar of the Centre and includes any Deputy Registrar;"Tribunal" includes a sole arbitrator or all the arbitrators where more than one is appointed;Any pronoun shall be understood to be gender-neutral; andAny singular noun shall be understood to refer to the plural in the appropriate circumstances.Rule 2: Notice, Calculation of Periods of Time2.1 For the purposes of these Rules, any notice, communication or proposal, shall be inwriting. Any such written communication may be delivered or sent by registered postal or courier service or transmitted by any form of electronic communication (including electronic mail and facsimile) or delivered by any other means that provides an independent record of its delivery. It is deemed to have been received if it is delivered (i) to the addressee personally, (ii) to his habitual residence, place of business or designated address, (iii) to any address agreed by the parties, (iv) according to the practice of the parties in prior dealings, or (v) if none of these can be found after making reasonable inquiry, then at the addressee's last-known residence or place of business.2.2 The notice, communication, or proposal is deemed to have been received on the day it isdelivered.2.3 For the purposes of calculating any period of time under these Rules, such period shallbegin to run on the day following the day when a notice, communication or proposal is received. If the last day of such period is not a business day at the place of receipt pursuant to Rule 2.1, the period is extended until the first business day which follows.Non-business days occurring during the running of the period of time are included in calculating the period.2.4 The parties shall file with the Registrar a copy of any notice, communication or proposalconcerning the arbitral proceedings.Rule 3: Notice of Arbitration3.1 A party wishing to commence an arbitration (the "Claimant") shall file with the Registrara Notice of Arbitration which shall comprise:a. a demand that the dispute be referred to arbitration;b. the names, addresses, telephone number(s), facsimile number(s) and electronicmail address(es), if known, of the parties to the arbitration and theirrepresentatives, if any;c. a reference to the arbitration clause or the separate arbitration agreement that isinvoked and a copy of it;d. a reference to the contract out of or in relation to which the dispute arises and wherepossible, a copy of it;e. a brief statement describing the nature and circumstances of the dispute, specifyingthe relief claimed and, where possible, an initial quantification of the claim amount;f. a statement of any matters which the parties have previously agreed as to theconduct of the arbitration or with respect to which the Claimant wishes to make aproposal;g. a proposal for the number of arbitrator(s) if this is not specified in the arbitrationagreement;h. unless the parties have agreed otherwise, the nomination of an arbitrator if thearbitration agreement provides for three arbitrators, or a proposal for a solearbitrator if the arbitration agreement provides for a sole arbitrator;i. any comment as to the applicable rules of law;j. any comment as to the language of the arbitration; andk. payment of the requisite filing fee.3.2 The Notice of Arbitration may also include the Statement of Claim referred to in Rule17.2.3.3 The date of receipt of the complete Notice of Arbitration by the Registrar shall be deemedthe date of commencement of the arbitration. For the avoidance of doubt, the Notice of Arbitration is deemed to be complete when all the requirements of Rule 3.1 are fulfilled.The Centre shall notify the parties on the commencement of arbitration.3.4 The Claimant shall at the same time send a copy of the Notice of Arbitration to theRespondent, and it shall notify the Registrar that it has done so, specifying the mode of service employed and the date of service.Rule 4: Response to the Notice of Arbitration4.1 The Respondent shall send to the Claimant a Response within 14 days of receipt of theNotice of Arbitration. The Response shall contain:a. a confirmation or denial of all or part of the claims;b. a brief statement describing the nature and circumstances of any counterclaim,specifying the relief claimed and, where possible, an initial quantification of thecounterclaim amount;c. any comment in response to any statements contained in the Notice of Arbitrationunder Rules 3.1(f), (g), (h), (i) and (j) or any comment with respect to the matterscovered in such rules; andd. unless the parties have agreed otherwise, the nomination of an arbitrator if thearbitration agreement provides for three arbitrators or, if the arbitration agreementprovides for a sole arbitrator, agreement with Claimant’s proposal for a solearbitrator or a counter-proposal.4.2 The Response may also include the Statement of Defence and a Statement ofCounterclaim, as referred to in Rules 17.2 and 17.3.4.3 The Respondent shall at the same time send a copy of the Response to the Registrar,together with the payment of the requisite filing fee for any counterclaim, and shall notify the Registrar of the mode of service of the Response employed and the date of service.Rule 5: Expedited Procedure5.1 Prior to the full constitution of the Tribunal, a party may apply to the Centre in writing forthe arbitral proceedings to be conducted in accordance with the Expedited Procedure under this Rule where any of the following criteria is satisfied:a. the amount in dispute does not exceed the equivalent amount of S$5,000,000,representing the aggregate of the claim, counterclaim and any setoff defence;b. the parties so agree; orc. in cases of exceptional urgency.5.2 When a party has applied to the Centre under Rule 5.1, and when the Chairmandetermines, after considering the views of the parties, that the arbitral proceedings shall be conducted in accordance with the Expedited Procedure, the following procedure shall apply:a. The Registrar may shorten any time limits under these Rules;b. The case shall be referred to a sole arbitrator, unless the Chairman determinesotherwise;c. Unless the parties agree that the dispute shall be decided on the basis ofdocumentary evidence only, the Tribunal shall hold a hearing for the examination of all witnesses and expert witnesses as well as for any argument;d. The award shall be made within six months from the date when the Tribunal isconstituted unless, in exceptional circumstances, the Registrar extends the time;ande. The Tribunal shall state the reasons upon which the award is based in summaryform, unless the parties have agreed that no reasons are to be given.Rule 6: Number and Appointment of Arbitrators6.1 A sole arbitrator shall be appointed unless the parties have agreed otherwise or unless itappears to the Registrar, giving due regard to any proposals by the parties, the complexity, the quantum involved or other relevant circumstances of the dispute, that the dispute warrants the appointment of three arbitrators.6.2 If the parties have agreed that any arbitrator is to be appointed by one or more of theparties, or by any third person including the arbitrators already appointed, that agreement shall be treated as an agreement to nominate an arbitrator under these Rules.6.3 In all cases, the arbitrators nominated by the parties, or by any third person includingthe arbitrators already appointed, shall be subject to appointment by the Chairman in his discretion.6.4 The Chairman shall appoint an arbitrator as soon as practicable. Any decision by theChairman to appoint an arbitrator under these Rules shall be final and not subject to appeal.6.5 The Chairman is entitled in his discretion to appoint any nominee whose appointmenthas already been suggested or proposed by any party.6.6 The terms of appointment of each arbitrator shall be fixed by the Registrar in accordancewith these Rules and Practice Notes for the time being in force, or in accordance with the agreement of the parties.Rule 7: Sole Arbitrator7.1 If a sole arbitrator is to be appointed, either party may propose to the other the namesof one or more persons, one of whom would serve as the sole arbitrator. Where the parties have reached an agreement on the nomination of a sole arbitrator, Rule 6.3 shallapply.7.2 If within 21 days after receipt by the Registrar of the Notice of Arbitration, the partieshave not reached an agreement on the nomination of a sole arbitrator, or if at any time either party so requests, the Chairman shall make the appointment as soon as practicable.Rule 8: Three Arbitrators8.1 If three arbitrators are to be appointed, each party shall nominate one arbitrator.8.2 If a party fails to make a nomination within 14 days after receipt of a party’s nominat ionof an arbitrator, or in the manner otherwise agreed by the parties, the Chairman shall proceed to appoint the arbitrator on its behalf.8.3 Unless the parties have agreed upon another procedure for appointing the thirdarbitrator, or if such agreed procedure does not result in a nomination within the time limit fixed by the parties or by the Centre, the third arbitrator, who shall act as the presiding arbitrator, shall be appointed by the Chairman.Rule 9: Multi-party Appointment of Arbitrator(s)9.1 Where there are more than two parties in the arbitration, and three arbitrators are to beappointed, the Claimant shall jointly nominate one arbitrator and the Respondent shall jointly nominate one arbitrator. In the absence of both such joint nominations having been made within 28 days of the filing of the Notice of Arbitration or within the period agreed by the parties, the Chairman shall appoint all three arbitrators and shall designate one of them to act as the presiding arbitrator.9.2 Where there are more than two parties in the arbitration, and one arbitrator is to beappointed, all parties are to agree on an arbitrator. In the absence of such a joint nomination having been made within 28 days of the filing of the Notice of Arbitration or within the period agreed by the parties, the Chairman shall appoint the arbitrator.Rule 10: Qualifications of Arbitrators10.1 A ny arbitrator, whether or not nominated by the parties, conducting an arbitration underthese Rules shall be and remain at all times independent and impartial, and shall not act as advocate for any party.10.2 I n making an appointment under these Rules, the Chairman shall have due regard to anyqualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartialarbitrator.10.3 T he Chairman shall also consider whether the arbitrator has sufficient availability todetermine the case in a prompt and efficient manner appropriate to the nature of the arbitration.10.4 A n arbitrator shall disclose to the parties and to the Registrar any circumstance that maygive rise to justifiable doubts as to his impartiality or independence as soon as reasonably practicable and in any event before appointment by the Chairman.10.5 A n arbitrator shall immediately disclose to the parties, to the other arbitrators and to theRegistrar any circumstance of a similar nature that may arise during the arbitration.10.6 I f the parties have agreed on any qualifications required of an arbitrator, the arbitratorshall be deemed to meet such qualifications unless a party states that the arbitrator is not so qualified within 14 days after receipt by that party of the notification of the nomination of the arbitrator. In the event of such a challenge, the procedure for challenge and replacement of an arbitrator in Rules 11 to 14 shall apply.10.7 N o party or anyone acting on its behalf shall have any ex parte communication relatingto the case with any arbitrator or with any candidate for appointment as party-nominated arbitrator, except to advise the candidate of the general nature of the controversy and of the anticipated proceedings and to discuss the candidate’s qualifications, availability or independence in relation to the parties, or to discuss the suitability of candidates for selection as a third arbitrator where the parties or party-designated arbitrators are to participate in that selection. No party or anyone acting on its behalf shall have any ex parte communication relating to the case with any candidate for presiding arbitrator.Rule 11: Challenge of Arbitrators11.1 A ny arbitrator may be challenged if circumstances exist that give rise to justifiabledoubts as to the arbitrator's impartiality or independence or if the arbitrator does not possess any requisite qualification on which the parties have agreed.11.2 A party may challenge the arbitrator nominated by him only for reasons of which hebecomes aware after the appointment has been made.Rule 12: Notice of Challenge12.1 A party who intends to challenge an arbitrator shall send a notice of challenge within 14days after the receipt of the notice of appointment of the arbitrator who is being challenged or, except as provided in Rule 10.6, within 14 days after the circumstancesmentioned in Rule 11.1 or 11.2 became known to that party.12.2 T he notice of challenge shall be filed with the Registrar and shall be sent simultaneouslyto the other party, the arbitrator who is being challenged and the other members of the Tribunal. The notice of challenge shall be in writing and shall state the reasons for the challenge. The Registrar may order a suspension of the arbitration until the challenge is resolved.12.3 W hen an arbitrator is challenged by one party, the other party may agree to thechallenge. The challenged arbitrator may also withdraw from his office. In neither case does this imply acceptance of the validity of the grounds for the challenge.12.4 I n instances referred to in Rule 12.3, the procedure provided in Rule 6 and Rules 7, 8 or9, as the case may be, shall be used for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator, a party had failed to exercise his right to nominate. The time-limit provided in those Rules shall commence from the date of receipt of the agreement of the other party to the challenge or the challenged arbitrator’s withdrawal.Rule 13: Decision on Challenge13.1 I f, within 7 days of receipt of the notice of challenge, the other party does not agree tothe challenge and the arbitrator who is being challenged does not withdraw voluntarily,a Committee of the Board shall decide on the challenge.13.2 I f the Committee of the Board sustains the challenge, a substitute arbitrator shall beappointed in accordance with the procedure provided in Rule 6 and Rules 7, 8 or 9, as the case may be, even if during the process of appointing the challenged arbitrator, a party had failed to exercise his right to nominate. The time-limit provided in those Rules shall commence from the date of the Registrar’s notification to the parties of the decision by the Committee of the Board.13.3 I f the Committee of the Board denies the challenge, the arbitrator shall continue with thearbitration unless the Registrar ordered the suspension of the arbitration pursuant to Rule 12.2. Pending the determination of the challenge by the Committee of the Board, the challenged arbitrator shall be entitled to proceed in the arbitration.13.4 T he Committee of the Board may fix the costs of the challenge and may direct by whomand how such costs should be borne.13.5 T he Committee of the Board’s decision made under this Rule shall be final and notsubject to appeal.Rule 14: Replacement of an Arbitrator14.1 I n the event of the death or resignation of an arbitrator during the course of the arbitralproceedings, a substitute arbitrator shall be appointed in accordance with the procedure applicable to the nomination and appointment of the arbitrator being replaced.14.2 I n the event that an arbitrator refuses or fails to act or in the event of a de jure or defacto impossibility of him performing his functions or that he is not fulfilling his functions in accordance with the Rules or within prescribed time limits, the procedure for challenge and replacement of an arbitrator provided in Rules 11 to 13 and 14.1 shall apply.14.3 A fter consulting with the parties, the Chairman may in his discretion remove anarbitrator who refuses or fails to act, or in the event of a de jure or de facto impossibility of him performing his functions, or if he is not fulfilling his functions in accordance with the Rules or within the prescribed time limits.Rule 15: Repetition of Hearings in the Event of Replacement of an Arbitrator If under Rules 12 to 14 the sole or presiding arbitrator is replaced, any hearings held previously shall be repeated unless otherwise agreed by the parties. If any other arbitrator is replaced, such prior hearings may be repeated at the discretion of the Tribunal after consulting with the parties. If the Tribunal has issued an interim or partial award, any hearings related solely to that award shall not be repeated, and the award shall remain in effect.Rule 16: Conduct of the Proceedings16.1 T he Tribunal shall conduct the arbitration in such manner as it considers appropriate,after consulting with the parties, to ensure the fair, expeditious, economical and final determination of the dispute.16.2 T he Tribunal shall determine the relevance, materiality and admissibility of all evidence.Evidence need not be admissible in law.16.3 A s soon as practicable after the appointment of all arbitrators, the Tribunal shall conducta preliminary meeting with the parties, in person or by any other means, to discuss theprocedures that will be most appropriate and efficient for the case.16.4 T he Tribunal may in its discretion direct the order of proceedings, bifurcate proceedings,exclude cumulative or irrelevant testimony or other evidence and direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case.16.5 A presiding arbitrator may make procedural rulings alone, subject to revision by theTribunal.16.6 A ll statements, documents or other information supplied to the Tribunal and Registrar byone party shall simultaneously be communicated to the other party.Rule 17: Submissions by the Parties17.1 U nless the Tribunal determines otherwise, the submission of written statements shallproceed as set out in this Rule.17.2 U nless already submitted pursuant to Rule 3.2, the Claimant shall, within a period oftime to be determined by the Tribunal, send to the Respondent and the Tribunal a Statement of Claim setting out in full detaila. a statement of facts supporting the claim;b. the legal grounds or arguments supporting the claim; andc. the relief claimed together with the amount of all quantifiable claims.17.3 U nless already submitted pursuant to Rule 4.2, the Respondent shall, within a period oftime to be determined by the Tribunal, send to the Claimant a Statement of Defence setting out its full defence to the Statement of Claim, including without limitation, the facts and contentions of law on which it relies. The Statement of Defence shall also state any counterclaim, which shall comply with the requirements of Rule 17.2.17.4 I f a counterclaim is made, the Claimant shall, within a period of time to be determined bythe Tribunal, send to the Respondent a Statement of Defence to the Counterclaim stating in full detail which of the facts and contentions of law in the Statement of Counterclaim it admits or denies, on what grounds it denies the claims or contentions, and on what other facts and contentions of law it relies.17.5 A party may amend its claim, counterclaim or other submissions unless the Tribunalconsiders it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances. However, a claim or counterclaim may not be amended in such a manner that the amended claim or counterclaim falls outside the scope of the arbitration agreement.17.6 T he Tribunal shall decide which further submissions shall be required from the parties ormay be presented by them. The Tribunal shall fix the periods of time for communicating such submissions.17.7 A ll submissions referred to in this Rule shall be accompanied by copies of all supportingdocuments which have not previously been submitted by any party.17.8 I f the Claimant fails within the time specified to submit its Statement of Claim, theTribunal may issue an order for the termination of the arbitral proceedings or give such other directions as may be appropriate.17.9 I f the Respondent fails to submit a Statement of Defence, or if at any point any party failsto avail itself of the opportunity to present its case in the manner directed by the Tribunal, the Tribunal may proceed with the arbitration.Rule 18: Seat of Arbitration18.1 T he parties may agree on the seat of arbitration. Failing such an agreement, the seat ofarbitration shall be Singapore, unless the Tribunal determines, having regard to all the circumstances of the case, that another seat is more appropriate.18.2 T he Tribunal may hold hearings and meetings by any means it considers expedient orappropriate and at any location it considers convenient or appropriate.Rule 19: Language of Arbitration19.1 U nless the parties have agreed otherwise, the Tribunal shall determine the language tobe used in the proceedings.19.2 I f a document is written in a language other than the language(s) of the arbitration, theTribunal, or if the Tribunal has not been established, the Registrar, may order that party to submit a translation in a form to be determined by the Tribunal or the Registrar.Rule 20: Party Representatives20.1 A ny party may be represented by legal practitioners or any other representatives,subject to such proof of authority as the Registrar or the Tribunal may require.Rule 21: Hearings21.1 U nless the parties have agreed on documents-only arbitration, the Tribunal shall, ifeither party so requests or the Tribunal so decides, hold a hearing for the presentation of evidence and/or for oral submissions on the merits of the dispute, including without limitation any issue as to jurisdiction.21.2 T he Tribunal shall fix the date, time and place of any meeting or hearing and shall givethe parties reasonable notice.21.3 I f any party to the proceedings fails to appear at a hearing without showing sufficientcause for such failure, the Tribunal may proceed with the arbitration and may make the award based on the submissions and evidence before it.21.4 U nless the parties agree otherwise, all meetings and hearings shall be in private, and anyrecordings, transcripts, or documents used shall remain confidential.Rule 22: Witnesses22.1 B efore any hearing, the Tribunal may require any party to give notice of the identity ofwitnesses, including expert witnesses, whom it intends to produce, the subject matter of their testimony and its relevance to the issues.22.2 T he Tribunal has discretion to allow, refuse or limit the appearance of witnesses.22.3 A ny witness who gives oral evidence may be questioned by each of the parties, theirrepresentatives and the Tribunal in such manner as the Tribunal shall determine.22.4 T he Tribunal may direct the testimony of witnesses to be presented in written form,either as signed statements or sworn affidavits or any other form of recording. Subject to Rule 22.2, any party may request that such a witness should attend for oral examination. If the witness fails to attend, the Tribunal may place such weight on the written testimony as it thinks fit, disregard it or exclude it altogether.22.5 S ubject to the mandatory provisions of any applicable law, it shall be proper for anyparty or its representatives to interview any witness or potential witness prior to his appearance at any hearing.Rule 23: Tribunal-Appointed Experts23.1 U nless the parties have agreed otherwise, the Tribunal:a. may following consultation with the parties, appoint an expert to report on specificissues; andb. may require a party to give such expert any relevant information, or to produce orprovide access to any relevant documents, goods or property for inspection.23.2 A ny expert so appointed shall submit a report in writing to the Tribunal. Upon receipt ofsuch a written report, the Tribunal shall deliver a copy of the report to the parties and。

仲裁协议中英文版

仲裁协议中英文版

仲裁协议按本协议xxxx 和xxxx同意将双方之间所有的争议和不和或因双方于x年x月x日所签订的一项合同而产生的或与之有关的一切争议或不和或本合同附件所罗列的争议和不和提交由xxx先生仲裁。

或在无仲裁协议情况下, 提交给经任意一方当事人提请, 由(某仲裁机构)主席指定的独任仲裁人裁定。

或在无仲裁协议情况下, 提交给暂时由伦敦普通法律师协会主席按伦敦律师仲裁规程指定的独任仲裁人裁定。

或提交由xxx先生和xxx先生裁定, 如他们意见不一, 可由他们指定一名首席仲裁人共同裁决。

或提交由xxx先生, xxx先生和xxx先生共同裁决。

或提交由当事双方各自指定的一名仲裁人共同裁定, (如他们意见不一), 则连同经任意一方当事人提请, 由xxx(仲裁机构)主席指定的一名首席仲裁人的指定意见不一)一起共同裁决。

由xxx代表xxx签字ARBITRATION AGREEMENT BY THIS AGREEMENT xxxx OF ____and xxxx OF ______ HEREBY AGREE TO REFER all disputes and differences whatsoever between them OR all disputes and differences between them arising out of or inconnection with a contract between them dated the , 19 OR the disputes and differences set pit in the Schedule to this Agreement to the arbitration of MR. ______________ OR A SINGLE ARBITRATOR WHO FAILING AGREEMENT SHALL BE APPOINTED BY THE PRESIDENT OF THE ON THE APPLICATION OF EITHER PARTRY OR A SINGLE ARBITRATOR WHO FAILING AGREEMENT SHALL BE APPOINTED BY THE CHAIRMAN FOR THE TIME BEING OF THE LONDON COMMON LAW BAR ASSOCIATION UNDER THE LONDON BAR ARBITRATION SCHEME OR MR. ________ AND MR. __________ TOGETHER, IF THEY DISAGREE, WITH AN UMPIRE TO BE APPOINTED BY THEM OR MR._______, MR. _________ AND MR. __________ OR ONE ARBITRATOR TO BE APPOINTED BY EACH PARTY TOGETHER (IF THEY DISAGREE) WITH AN UMPIRE WHO FAILING AGREEMENT BETWEEN SUCK ARBITRATION SHALL BE APPOINTED BY THE PRESIDENT OF THE _______ ON THE APPLICATION OF EITHER PARTY DATED THIS _______DAY OF _______, 19_________ SIGNED ON BEHALF OF___________ SIGNED ON BEHALF OF ______(By)______________________________ (By)_________________________ (Name)___________________________ (Name)______________________。

法律英语翻译仲裁裁决书翻译模板

法律英语翻译仲裁裁决书翻译模板

法律英语翻译仲裁裁决书翻译模板[Your Name][Your Address][City, State, Zip Code][Date][Recipient's Name][Recipient's Address][City, State, Zip Code]Re: Translation of Arbitration AwardDear [Recipient's Name],I hope this letter finds you well. As per your request, I have prepared the translation of the arbitration award document into English. Please find the translated document attached.Translation of Arbitration Award[Arbitration Logo or Letterhead][Arbitration Case Number][Date of Arbitration Award][Arbitration Panel][Address of the Arbitration Panel][City, State, Zip Code]Arbitration Award[Full Name of Plaintiff/Applicant][Address of Plaintiff/Applicant][City, State, Zip Code][Full Name of Defendant/Respondent][Address of Defendant/Respondent][City, State, Zip Code]Subject: Translation of Arbitration AwardDear Parties,We, the undersigned members of the Arbitration Panel, hereby issue this Arbitration Award in accordance with the applicable laws and regulations. The parties involved in this dispute are identified as follows:Plaintiff/Applicant: [Full Name of Plaintiff/Applicant]Defendant/Respondent: [Full Name of Defendant/Respondent]1. Background[Provide a brief summary of the dispute and the relevant facts leading to the arbitration.]2. Issues Presented[Enumerate the contested issues or claims brought forth by the parties.]3. Jurisdiction and Applicable Law[Specify the jurisdiction and the applicable laws or contractual agreements governing the arbitration.]4. Submissions and Evidence[Provide a summary of the submissions and evidence presented by each party.]5. Analysis and Findings[Present a detailed analysis of each issue raised, discussing the relevant legal principles and facts before providing the panel's findings.]6. Award and Relief Granted[Specify the relief awarded to the prevailing party, whether it be monetary damages, injunctions, declaratory judgments, or any other type of relief.]7. Costs and Fees[Indicate any costs or fees to be borne by the parties, as determined by the panel.]8. Finality and Enforcement[Clarify the finality of the award and the procedures for its enforcement in accordance with the applicable laws.]9. Signatures[Include the names and signatures of the arbitrators, as well as the date of the award.]Please note that this translation is provided solely for informational purposes and may not be regarded as an official legal document. The accuracy and completeness of this translation are subject to the limitations of the translation process.Should you have any questions or require further assistance, please do not hesitate to contact me at [Your Contact Information].Thank you for your attention to this matter.Sincerely,[Your Name]。

仲裁协议中英文版

仲裁协议中英文版

仲裁协议中英文版协议背景本协议由甲方(以下简称:“甲方”或“当事人”)与乙方(以下简称:“乙方”或“对方当事人”)自愿签订,旨在通过仲裁解决任何可能发生的、与本协议有关的任何争议、纠纷或索赔。

条款说明1.协议范围本协议适用于甲方和乙方之间的任何争议、纠纷或索赔,无论是在合同、协议、承诺书、法规、业务操作或其他途径下产生的。

2.仲裁协议在本协议下,任何争议、纠纷或索赔应提交给由当事人在双方协商后共同任命的一名仲裁员进行处理。

3.仲裁程序双方应在仲裁程序中积极参与,遵守仲裁程序的程序规定,愿意遵守仲裁程序的结果。

仲裁费用应由当事人共同承担。

4.仲裁标准仲裁员应按照事实和法律,独立、中立和公正地决定争议、纠纷或索赔的结果。

仲裁结果是具有法律约束力的。

5.签约本协议应以书面形式签署并加盖甲方和乙方的公章或代表人签名。

本协议的多份副本具有同等法律效力。

中文版仲裁协议协议双方一致同意,如发生任何争议或索赔,应当首先解决该争议或索赔。

如果当事人无法通过协商达成一致,则应依据本仲裁协议的规定进一步解决。

仲裁程序仲裁由一名仲裁员主持,双方甲乙双方共同商定,选定经验丰富、专业的仲裁员担任。

仲裁员应遵循出于法律和事实,独立、公正和中立的原则,根据本协议、中华人民共和国有关法律和法规作出裁决。

仲裁程序须遵守本协议所规定的程序规定,仲裁裁决具有最终有效的性质,对双方当事人具有约束力。

双方应在仲裁程序中积极参与,愿意接受仲裁结果,共同承担仲裁费用。

协议签署本协议应以书面形式,双方单位应盖有公章,个人则应签名。

本协议的副本具有同等法律效力。

英文版Arbitration AgreementBoth parties agree that in the event of any dispute or claim, it should be resolved first. If the parties cannot reach an agreement through negotiation, it should be further resolved in accordance withthe provisions of this arbitration agreement.Arbitration ProcedureThe arbitration shall be presided over by an arbitrator, and the parties of the agreement shall jointly agree to select an experiencedand professional arbitrator. The arbitrator shall adhere to theprinciples of independence, impartiality and neutrality based on the law and facts, and make decisions in accordance with the provisions of this agreement and the relevant laws and regulations of the People’sRepublic of China. The arbitration procedure shall comply with the procedural regulations prescribed in this agreement, and the arbitration award shall have a final and binding effect on both parties.The parties should actively participate in the arbitration procedure, be willing to accept the arbitration award, and bear the arbitration costs jointly.Agreement SigningThi s agreement shall be in writing, and the parties’ units should affix their official seal, and individuals should sign it. The copies of this agreement have the same legal effect.。

仲裁申请书中英文对照

仲裁申请书中英文对照

仲裁申请书中英文对照APPLICATION FOR ARBITRATION申诉人:MM公司 The Plaintiff: M. M. Corp.地址: Address:被诉人:VV有限公司 The Defendant: V. V. Co., Ltd.地址: Address:(一)事实依据:I. Statement of Facts:申诉人MM公司和被诉人VV有限公司之间的争议的原因在于被诉人没有履行于1992年5月14日缔结的由其提供8,000公吨铝锭的470E和471E号合同义务。

This dispute existing between the Plaintiff, M. M. Corp. and the Defendant, V. V. Co., Ltd was brought about by the Defendant’s failure to commit itself to the contracts 470E and 471E concluded on the 14th of May, 1992 for the supply of 8000 metric tons of Aluminum Ingots.根据上述两个合同规定,8,000公吨铝锭本应在1992年7月至12月期内从欧洲数个港口全部发出,月装货量按合同具体规定执行。

本公司,即申诉人,于1992年6月7日通过中国银行伦敦分行开出了E25520和E25733两张信用证。

According to the stipulations of the said contracts, 8000 metric tons of Aluminum Ingots should have been completely delivered from European ports during a period from July to December, 1992, and each month a quantity specified thereby should have been shipped. This Corporation, the Plaintiff, issued letters of credit E25520 and E25733 on the 7th of June, 1992 through the Bank of China, London.鉴于上述两个合同分别规定将汉堡、鹿特丹和安特卫普及汉堡和鹿特丹作为各自的发货港,故申诉人曾多次发电传给被诉人,要求其将发货港的具体名称及准备发货的时间告知申诉人,以便本公司派船。

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国际合同纠纷仲裁裁决书(中英文)Arbitration Award双方当事人:Parties:(1)申诉方/反诉被诉方:卖方Claimant/counter-defendant: Seller(2)被诉方/反诉申诉方:买方Defendant/Counter-claimant: Buyer仲裁地:Place of arbitration:事实:FACTS1994年,双方当事人根据某种协议规格规定签署了3份买卖一种产品的合同。

在收到货运单据后,买方即按合同规定,支付了全部合同价的90%.In 1994, the parties concluded three contracts for the sale of a product according to certain contract specifications. The buyer paid 90% of the price payable under each of the contracts upon presentation of the shipping documents, as contractually agreed.按第一和第三份合同提供的产品符合协议规格,第二批货物的规格在装运前就有过争议。

产品抵达目的地后重新检验,发现其不符合协议规格。

为便于脱手,经过某种处理,最终买方将产品卖给了第三方,损失惨重。

The product delivered pursuant to the first and third contracts met the contract specifications. The conformity of the second consignment was dispute prior to its shipment. When the product was again inspected upon arrival, it was found that it did not meet the contract specifications. The product was eventually sold by the buyer to third parties at considerable loss, after having undergone a certain treatment to make it more saleable.卖方提请仲裁,要求收回10%的合同余款。

买方提起反诉,声称应从卖方所索费用中扣除买方估计应由卖方赔偿买方的一笔费用,即:直接损失费、财务成本费、所损失的利润及利息费。

The seller initiated arbitration proceedings to recover the 10% balance remaining due under the contracts. The buyer filed a counterclaim alleging that the seller’s claim should be set off against the amounts which the buyer estimates tobe payable to the buyer by the seller, i.e., the direct losses, financing costs, lost profits and interest.一、适用的法律I. APPLICABLE LAW(1)鉴于合同未含有关实体法的任何条款,故法律问题应根据国际商会仲裁规则第13条第3款决定。

根据该条规则,仲裁员们应适用它们认为适合的法律冲突规则所规定的准据法则。

(1) The contract contains no provisions regarding the substantive law. Accordingly that law has to be determined by the Arbitrators in accordance with Art. 13(3) of the ICC rules. Under that article, the Arbitrators will apply the law designated as the proper law by the rule of conflicts which they deem appropriate.(2)这是一个由不同国际的卖方和买方签署的在第三国交货的合同。

买卖规定为船上交货,故风险在卖方所在国便转给了卖方。

由此,卖方所在国似乎就成为与买卖关系最近的管辖地。

(2) The contract is between a Seller and a Buyer (of different nationalities) for delivery(in a third country). The sale was f.o.b. so that the transfer of risks to the Buyer took place in (the country of Seller). (The country of Seller) accordingly appears as being the jurisdiction to which the sale is most closely related.(3)有关国际货物买卖适用法律的1995年6月15日《海牙公约》在涉及销售合同时,将卖方现行居住地法律视为占支配地位的法律。

买方所在国加入了《海牙公约》,卖方所在国则没有。

尽管如此,法律冲突法的总趋势却是适用合同主要业务的债务人现行所在地的国内法。

在销售合同中,此债务人为卖方。

基于这些因素,卖方所在国的法律似乎便成了规定买卖双方之间合同的准据法。

(3) The Hague Convention on the law applicable to international sales of goods dated 15 June 1995 (Art. 3) regarding sales contracts, refers as governing law to the law of the Seller’s current residence. (The country of the Buyer) has adhered to the Hague convention, not (the country of the Seller). However, the general trend in conflicts of law is to apply the domestic law of the current residenceof the debtor of the essential undertaking arising under the contract. That debtor in a sales contract is the Seller. Based on those combined findings, (the law of the country of the Seller) appears to be the proper law governing the Contract between the Seller and the Buyer.(4)至于卖方所在国法律的适用规则,仲裁员们依据的是双方当事人各自陈述的理由,以及仲裁员们从一位独立咨询人处所得的信息。

根据国际商会仲裁规则第13条最后一段之规定,仲裁员们也将考虑相关的贸易惯例。

As regards the applicable rules of (the law of the country of the Seller), the Arbitrators have relied on the Parties’ respective statements on the subject and on the information obtained by the Arbitration from an independent consultant. TheArbitrators, in accordance with the last paragraph of Art. 13 of the ICC rules, will also take into account the relevant trade usage.二、反诉的可受理性II. ADMISSIBILITY OF THE COUNTERCLAIM(5)仲裁庭认为,1980年4月11日的《关于国际货物销售的联合国公约》(通称《维也纳公约》)是现行贸易惯例的最好渊源,即使买卖双方所在国均不是公约的成员国,倘若买卖双方所在国均为公约成员国,在本案中,该公约不仅可考虑作为贸易惯例适用,而且还可作为法律适用(5) The Tribunal finds that there is no better source to determine the prevailing trade usage than terms of the United Convention on the International Sale of Goods of 11 April 1980, usually called the Vienna Convention. This is also even though neither (the country of the Buyer) nor (the country of the Seller) are parties to that Convention. If they were, the Convention might be applicable to this case as a matter of law and not only as reflecting the trade usage.(6)《维也纳公约》已在17个国家生效,考虑用它适用于国际货物销售中的不符规格事项有通用惯例,应属合情合理。

《维也纳公约》第38条第1款规定买方负有“当场检查或叫人检查货物”的责任。

买方应在注意或应当注意到瑕疵后的合理期限内通知卖方货物不符合合同的规格;否则,他将丧失就上述不符规格而提起索赔的权利。

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