Settlement of international trade disputes, how to resolve international trade disputes?

1. Settlement through negotiation.

The parties resolve their disputes autonomously through negotiation without the intervention of a third party. The advantage is that the procedure is simple, saves money, and does not undermine the relationship between the two parties. However, it is generally difficult to reach an agreement and achieve a satisfactory result through negotiation. Moreover, the result of the negotiation is not legally binding, and once one party reverses, a new dispute will arise.

A very small percentage of all international disputes can be resolved in this way.

2. Mediation settlement.

Conciliation is a procedure by which parties to a dispute settle their dispute with the assistance of a neutral third person, i.e. a mediator. The mediator is generally a permanent arbitral institution. Many permanent arbitration institutions (e.g., China International Economic Arbitration Commission, ICC Court of Arbitration, etc.) have special mediation rules, or have provisions on mediation in their arbitration rules.

The absence of such an arbitral institution does not preclude the application of conciliation proceedings.

Mediation, like negotiation and settlement, respects the wishes of the parties and has a good atmosphere. The advantage is that, with the participation of a third party, an agreement can be reached as quickly as possible. Moreover, if the arbitral institution makes an award on the basis of a conciliation agreement, its content is also binding.

The cost and procedure of mediation should also be less or simpler than that of litigation and arbitration.

Mediation does not account for a very high proportion of current dispute resolution, but more and more arbitration institutions have begun to pay attention to the role of mediation.

3. Arbitration Settlement and Litigation Settlement.

Arbitration settlement means that the parties reach a written agreement before or after the dispute arises to voluntarily submit the dispute to a third party agreed by both parties for adjudication.

If the parties cannot resolve the dispute through negotiation or mediation after the dispute has arisen, and there is no arbitration clause in the contract, either party may file a lawsuit with a court of competent jurisdiction to resolve the dispute through litigation.

Pray God forbid, it's best not to have international disputes, it's really troublesome to study and study.

The conventional ways of dealing with international disputes can be summarized into four articles:

1) It shall be resolved by the two parties through negotiation. In this way, when both parties reach an agreement, many unnecessary disputes can be avoided, which is the best way to resolve disputes;

2) Through third-party mediation. In international disputes, to a large extent, they are resolved through such negotiations.

3) If the negotiation or mediation fails, it may be submitted to arbitration in accordance with the arbitration agreement. The arbitral tribunal means that the parties reach a written agreement before or after the dispute arises to voluntarily submit the dispute to a third party agreed by the parties to hear the dispute, and the award is final and binding on all parties. If the losing party does not enforce the award, the winning party has the right to apply to the court for enforcement.

The parties have the freedom to choose the arbitrators, the place of arbitration, the language of the arbitration and the use of the law.

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4) The parties may also reach an agreement on matters such as hearing, submission of evidence and statement of opinions, and design arbitration procedures that meet their special needs. Arbitration is more flexible and has more freedom of choice than judicial proceedings. If there is no arbitration agreement, it may resort to legal procedures for settlement.

Because the nationalities of the parties to an international dispute are different, their domicile and the place where the contract is concluded and the place of performance may be in different countries or regions, and in the event of a dispute, the question of which country should have jurisdiction is very important. The effectiveness of the trial is guaranteed by judicial means. The disadvantage is that the effect of the judgment is regional.

Foreign-related litigation should be final and final in relation to negotiation, mediation and arbitration.

Legal Analysis: China's law has made principle provisions on the way to resolve foreign-related contract disputes, that is, there are four ways to resolve foreign-related economic contract disputes: negotiation, mediation, arbitration and litigation.

The provisions of China's law on the settlement of contract disputes are consistent with international practice. As a general legal principle, the provisions of Chinese law on the settlement of foreign-related contract disputes are also applicable to the settlement of other economic disputes.

Legal basis: Arbitration Law of the People's Republic of China

Article 9 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. If the award is revoked or not enforced by the people's court in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties in respect of the dispute, or may file a lawsuit with the people's court.

Article 10 The arbitration commission may be established in the municipality directly under the Central Government and in the city where the people of the province or autonomous region are located, and may also be established in other cities divided into districts as needed, and shall not be established at the level of administrative divisions. The arbitration commission shall be established by the relevant departments and chambers of commerce of the people's Jinshan ** organization of the city specified in the preceding paragraph.

Civil Procedure Law of the People's Republic of China

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.

Article 81 (1) of the United Nations Convention on Contracts for the International Sale of Goods rescinds the parties from their obligations under the contract, but any damages for which they are liable remain liable. The avoidance of a contract does not affect any provision of the contract relating to the settlement of disputes, nor does it affect any other provision of the contract concerning the rights and obligations of the parties after the declaration of avoidance. (2) The party that has performed the contract in whole or in part may require the other party to return the goods or the price paid by him according to the contract.

If both parties are required to make restitution, they must do so at the same time.

International economic disputes refer to disputes in the fields of international economic disputes, investment, intellectual property rights, etc., and the resolution of international economic disputes is an important measure to maintain international economic order and promote international economic cooperation. The methods of resolving international economic disputes mainly include the following:

1.Negotiation and consultation: Negotiation is the primary way to resolve international economic disputes, and the parties reach an agreement and resolve the dispute through consultation and negotiation. This method has the advantages of flexibility, low cost and high efficiency.

2.Arbitration: Arbitration is when a dispute is submitted by the parties to a third-party arbitration institution for adjudication, and the outcome of the award is binding on all parties. This method has the advantages of fairness, professionalism and promptness.

3.Litigation refers to the submission of disputes by the parties to the International Court of Justice or a litigation institution such as ** organizations for trial and judgment, which has the advantages of legal effect and fairness.

4.Reconciliation: Reconciliation refers to the agreement reached by the parties through negotiation, voluntarily abandoning the dispute and properly resolving the dispute. This method has the advantages of consultation, voluntariness and harmony.

In short, there are various ways to resolve international economic disputes, and each method has its advantages and disadvantages, and it is necessary to choose the appropriate way to resolve the dispute according to the specific situation. In the process of settling disputes, it is necessary to respect the interests of all parties, respect international law and international rules, settle disputes by peaceful means, maintain international economic order and promote international economic cooperation.

Generally speaking, international disputes are mostly used in business disputes between private individuals and legal persons, and the scale or economy is not very large; International disputes are more used in disputes between large international economic organizations and between countries and regions, involving a wide range of industries, economic scale and amount, and international disputes often contain factors such as political intervention and protection. And the international war is the escalation of international disputes. Classification of types International disputes have different characteristics depending on the subjects they participate in and the rights and obligations between the parties.

Based on the participants in international relations, disputes in the international field can be divided into the following types: International disputes between nationals of different countries This kind of disputes generally arise between nationals of different countries (including natural and legal persons) in the course of transnational economic activities such as the sale and purchase of goods, technology transfer, investment, and project contracting. Nationals of different countries are direct participants in international economic and trade activities, and international disputes mostly occur between such parties.

This type of dispute generally arises between the parties in the interpretation or performance of an international economic and trade contract, but in some cases, it may also be a non-contractual dispute, such as a dispute arising from tort. However, whether it is a contractual dispute or a non-contractual dispute, the common feature is that the legal status of the parties to the dispute is equal, and the rights and obligations between them are reciprocal.

International** disputes between a State (region) and its own or foreign nationals The main feature of this type of dispute is that the parties to the dispute have different legal statuses: one party is a sovereign state (or a region with independent legislative or judicial power) and the other party is a national or a foreign national. In accordance with the general principles of international law, States have the sovereign right to make and amend laws and enjoy judicial immunity.

Ordinary citizens do not have this power and must abide by the laws made by the state. Such disputes arise mainly in the course of the State's exercise of management or supervision over the parties involved in the international economic and trade activities of the Imperial Field. For example, the state customs or taxation department levies tariffs on imported and exported goods, the import and export commodity inspection department conducts inspections on the import and export of goods in accordance with the law, the foreign exchange administration department implements the management of foreign exchange in accordance with the law, and other functional departments of the state implement the management of the technology transfer and investment of the old people in accordance with the law.

Therefore, in the course of exercising management over the above-mentioned international economic and trade activities, the state or its organs will also have disputes of one kind or another with these regulated persons.

The scope of inclusion is different: international knowledge is only for international negotiations, and the former high level includes the skills used in international negotiations, etc., while international economics and international economy will involve economic knowledge, including international finance, international insurance, and so on. Comparatively speaking, the latter has a wider range of learning and learns more knowledge.

2. The secondary focus is different: international business is mainly to cultivate familiarity with the party's policies, while the international major is actually a master of Marxist economics, international economy and the first major is mainly related to law and business, and the main activities of international business are in the field of economics.

3. The degree certificate is different: the certificate obtained after graduating from the major of international economics and ** is the degree of economics, while the degree of management issued by the international business is the degree.

4. Different activities: international business leaders or international investment and capital contribution in the process of transnational business activities. International Economy and Advanced Technology is mainly engaged in import and export business, foreign trade enterprise management, international economic and technical cooperation, transnational operation and other foreign economic and foreign activities.

Answer: International commercial disputes will not affect the friendly exchanges between countries, but international disputes will affect international friendly exchanges, because there are more than commercial disputes.

International** involves many business links and parties, which is prone to disputes and disputes. Dispute resolution is an ex post facto safeguard and remedy. The result of the solution is related to the realization of the benefits of the transaction and the bearing of losses, so choosing the wrong solution will be half the effort.

Different solutions have different impacts on both parties due to their different procedures and mandatory results, and should be selected according to the specific situation. In practice, there are usually four ways: (1) Friendly consultation, that is, in a friendly atmosphere, in the spirit of mutual understanding and mutual accommodation, the parties to the dispute clarify right and wrong, eliminate differences, resolve disputes, and achieve the purpose of continuing friendly cooperation.

2) Mediation refers to the parties submitting the dispute to the mediation of the third person to facilitate the two parties to reach a settlement agreement. The advantage is that a third party can act as a buffer to prevent the conflict from intensifying, which can give the parties involved in the party a greater room for maneuver. (3) Arbitration.

4) Litigation. Agreements reached in the first two ways cannot be applied for enforcement. The latter two dispute resolution methods must be conducted in accordance with legal procedures, and the award is enforceable.

The learning requirements for this chapter are:1understand the ways in which international commercial disputes are resolved;

2.Master the concepts and characteristics of international commercial arbitration and the basic content of arbitration agreements;

3.understand the difference and effect of arbitration and litigation;

4.Knowledge of the institutions and procedures of commercial arbitration;

5.Understand the principles of jurisdiction for foreign-related litigation cases in China.

Knowledge structure] Practical application].

1.Try to draft an arbitration agreement based on a particular case.

2.Try to draft a statement of claim based on a particular case.

3.Organize students to visit the local arbitration committee, and ask the staff to introduce the work of the arbitration committee.

4.Organize moot courts for the trial of international civil litigation cases.