What are the methods used to resolve disputes between parties to a transaction in international trad

Four methods: consultation, mediation, arbitration and litigation.

In the international **, the main ways to solve the Minghong decisive dispute are ().

a.Friendly negotiations.

b.Conciliation. c.Semi-fibre tailoring.

d.Lawsuit. Correct answer: ABCD

The preferred methods for resolving international** disputes are as follows:

1. Friendly Negotiation Dispute Negotiation The two parties reach a settlement through friendly negotiation, which is the best way to resolve the dispute, but this method has certain limitations.

2. Mediation is conducted by a third party on the basis of the willingness of both parties to the dispute.

This is also a way to resolve disputes.

China's arbitration institutions have adopted the method of combining mediation and arbitration, and have achieved good results.

The specific approach is that, taking into account the advantages of arbitration and the advantages of mediation, the arbitral tribunal may, before or after the commencement of the arbitration proceedings, mediate the dispute accepted by the parties on a voluntary basis.

If the mediation is unsuccessful, the arbitral tribunal shall continue the arbitration in accordance with the provisions of the Arbitration Rules until a final award is rendered.

3. The amount of money involved in the arbitration dispute is huge or the consequences are serious, and both parties are unwilling to make significant concessions, and the problem cannot be resolved despite long-term repeated negotiation and mediation; Or if one party has a bad attitude and intends to break the contract, and there is no sincerity to solve the problem, the only way to do so is to arbitrate.

Arbitration is based on arbitration procedures, in which arbitrators make decisions on the matters disputed by the parties.

The arbitrator's award is binding.

If the losing party does not enforce the award, the winning party has the right to apply to the court for enforcement.

At the request of the winning party, the court may compel the losing party to enforce the arbitral award.

4. If a lawsuit is filed with the court, and the dispute between the two parties cannot be resolved through negotiation and mediation, or the amount involved in the dispute is huge or the consequences are serious, and there is no arbitration clause in the contract, either party may file a lawsuit with the court of competent jurisdiction and apply for a judgment.

Litigation is subject to procedural law, judgments are conducted in accordance with substantive law, and once the court has decided on the outcome, it must be enforced.

Answer]: As far as the methods of international economic dispute resolution between the general parties in different countries are concerned, there are mainly the following two types: the judicial method of resolving the international economic dispute, that is, the method of resolving the international economic dispute through litigation and the method of resolving the dispute through means other than the court, that is, the non-judicial method.

The necessary condition for resolving ** disputes by arbitration is that there will be summary differences according to the specific circumstances, and the following is a detailed analysis: the parties voluntarily enter into an arbitration agreement is the most important condition for the application of arbitration. Arbitration requires the parties to reach an arbitration agreement, which also reflects the principle of the parties' voluntariness.

If the parties do not have an arbitration agreement and are unwilling to arbitrate, they cannot use arbitration to resolve their contractual disputes, and even if one party applies for arbitration, the arbitration institution will not accept it. Arbitration is subject to Rule 6.

Arbitration is subject to the following principles:

1. Principles of Arbitration by Agreement. Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

2. The principle of adjudication or adjudication. If the parties reach an arbitration agreement and one party files a lawsuit with the people's court, the people's court shall not accept it, unless the arbitration agreement is invalid.

3. The principle of consultation and jurisdiction. The arbitration commission shall be selected by agreement of the parties. Arbitration is not subject to hierarchical jurisdiction and territorial jurisdiction.

4. The principle of non-public arbitration. Since arbitration often involves commercial reputation, when property disputes arise between the parties, they are often reluctant to make them public, so the arbitration is not conducted in public; Where the parties agree to make it public, it may be done publicly, except where state secrets are involved.

5. The principle of independent exercise of arbitration power. In order to ensure the fairness of the arbitration results, the arbitration shall be conducted independently in accordance with the law and shall not be interfered with by administrative organs, social groups or individuals.

6. The principle of finality of the first award. The system of final arbitration shall be implemented. After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it.

Legal basis]:

Arbitration Law of the People's Republic of China

Article 16. An arbitration agreement includes an arbitration clause in a contract and an agreement to request arbitration reached in other written form before or after the dispute arises. The arbitration agreement shall contain the following:

1) an expression of intent to request arbitration;

2) arbitration matters;

3) Selected Arbitration Commission.

Article 4 Where the parties use arbitration to resolve their disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration, the arbitration commission shall not accept it.

1. Mediation. The advantage is that it can resolve civil rights disputes in a timely and thorough manner, improve the efficiency of case handling, and reduce the number of lawsuits. Mediation is also one of the most widely used methods of civil litigation in China.

Court mediation, also known as litigation mediation, is an activity and a way to resolve civil disputes through voluntary negotiation between the two parties through voluntary negotiation under the auspices of court adjudicators.

Court mediation has a special judicial remedy value. China's court mediation system adopts the mode of combining mediation and trial, that is, mediation and trial can be dynamically converted and operated interactively, and judges can take the initiative to enter the mediation procedure at any time, and the same adjudicator acts as both mediator and adjudicator. The parties may retract the mediation letter before it is served and signed.

The meaning of mediation itself includes the ambiguity of certain unclear facts and responsibilities, and mutual understanding and mutual concession, so as to achieve the purpose of resolving disputes without hurting peace. The limitation of mediation is that it does not have judicial coercion if it is not conducted under the auspices of a court or arbitral tribunal.

II. Arbitration. It refers to a legal system in which the parties to a civil dispute reach an agreement and voluntarily submit the dispute to a selected third party for adjudication in accordance with certain procedural rules and the principle of fairness, and have the obligation to perform the award. Arbitration is usually an industry-wide civil activity, which is a private act, that is, a private adjudication act, rather than a state adjudication act, and it is listed as a way to resolve civil (commercial) disputes along with reconciliation, mediation and litigation.

However, arbitration is subject to the supervision of the state in accordance with the law, and the state, through the courts, may intervene in the validity of the arbitration agreement, the formulation of arbitration procedures, the enforcement of arbitral awards, and in the event of involuntary enforcement by the parties, in accordance with the scope prescribed by the law of the forum. Therefore, arbitration activities are judicial in nature and an important part of China's judicial system.

It is generally believed that the advantage of the arbitration system is that the procedure is simple, and only one award is required to take effect; Evidence requirements are less rigid, i.e., if there is a logical chain of logic to explain, then photocopies can also be evidence, which is not allowed in the proceedings; The composition of arbitrators is characterized by scholars, the discussion of issues is relatively thorough, and the atmosphere of arbitration is relatively relaxed. The most obvious advantage of arbitration is that in foreign-related arbitration, arbitral awards are universally applicable in all countries that have signed up to international conventions. The disadvantage of arbitration is that it is not very procedural, and it is also more expensive.

3. Litigation. It refers to an activity carried out by the state judicial organs in handling criminal, civil, and administrative cases with the participation of the parties to the case and other litigation participants, based on the facts and with the law as the criterion. The advantage of litigation is that it is procedural, and the validity of the judgment is guaranteed by judicial means.

The disadvantage is that the validity of the judgment is regional, and if it involves foreign affairs, the judgment is invalid in other countries, which is not as good as arbitration in this regard.

In the international sale and purchase of goods, offer and acceptance are indispensable legal steps in the negotiation of transactions.