国际商法练习题

1、1 / 5选择题1adr refers to the following but （ d）a. conciliation b. good offices c. mediation d. litigation 2according to the arbitration law in china, the party may apply for set aside cietac award in the intermediate peoples court. (b) a. where the respondent has place of business b. where cietac is l

2、ocated. c. where the respondent has property. d. where the respondent corporation is incorporated 3according to the chinese arbitration law, the chairman arbitrator should be decided by. ( a )a. the parties common choice. b. the arbitrators appointed by the parties. c. neither a and b d. both a and

3、b. 4under new york convention, the national court may refuse to enforce foreign award based on the following conditions except. ( d) a. one of the parties to the arbitration agreement has some incapacity.b. the party was not given proper opportunity to present his case.c.the arbitral tribunal awarde

4、d matters beyond the scope of the submission to arbitration. d. the facts found by the arbitral tribunal were wrong 5. the doctrine of competence-competence refers to that. (b ) a. the national court may rule on the validity of the arbitration agreement. b. the arbitration tribunal may rule on its o

5、wn jurisdiction.c. both a and b. d. neither a and b. 6. the arbitrable matters in international arbitration is governed by the. ( d ) a. new york convention. b. model law on the international commercial arbitration. c. arbitration rules. d. national law. 7.when one party seeks enforcement under new

6、york convention, the court may refuse to enforce the award not capable of settlement by arbitration by the law of the country. (a) a. where the award is made.b.where the enforcement is sought. c. both a and b. d. neither a and b. 8.the chinese arbitration law began to implement in the year. ( b ) a.

7、 1994 b. 1995 c. 1990 d. 1996 判断题1the fas (port of shipment) trade term requires a seller to deliver goods to a named port alongside a vessel to be designated by the buyer and in a manner customary to the particular port.（t）2 / 52a transaction is an “ international sale” governed by the united natio

8、ns convention on contracts for the international sale of goods (cisg) only if the states in which the buyer and seller have their places of business are contracting parties to the convention.（f ）3 contracts governed by the united nations convention on contracts for the international sale of goods (c

9、isg) have to be in writing to be enforceable. （f）4an irrevocable letter of credit is a credit on which a second bank has added its endorsement, indicating that it, too, will make payment against the specified documents. （f）5according to the united nations convention on contracts for the internationa

10、l sale of goods (cisg), a contract is not formed until the offeree accepts the offerors offer. （t）6the domestic arbitration commissions in china have no authority to deal with cases involving foreign elements. （f）7 the parties to an arbitration agreement may choose anyone, in whom it believes, asarb

11、itrator in china. （f）8the arbitration agreement is invalid if the parties failed to reach agreement on the particular arbitration commission in accordance with the arbitration law in china. （f）9adr could not be used in the arbitration and litigation procedure in china. （ f ）10 a transaction is an “

12、international sale” governed by the united nations convention on contracts for the international sale of goods (cisg) only if the buyer and seller have their places of business in different states. （t）11 a subsidy is a financial contribution made by a government or other public body that confers a b

13、enefit on an enterprise, group of enterprises, or an industry. （）12 almost all domestic laws allow the parties to a sales contract to define the meaning of the trade terms (such as fca, cif, etc.) that they use in their contract.（f）13 contracts governed by the united nations convention on contracts

14、for the international sale of goods (cisg) have to be in writing to be enforceable. （f）14 a promissory note is a three party instrument whose parties are the “drawer,” the “ drawee” and the “ payee” . ( ) 15 according to the united nations convention on contracts for the international sale of goods

15、(cisg), a contract is not formed until the offeree accepts the offeror s offer. （）16 the world trade organization is a new supranational organization with the power to usurp sovereignty from its member states. （）3 / 517 adr could be used in the arbitration and litigation procedure in china. （）18 a t

16、ransaction is an “ international sale” governed by the united nations convention on contracts for the international sale of goods (cisg) only if the buyer and seller have their places of business in different states. （）19 the parties to an arbitration agreement may choose anyone, in whom it believes

17、, as arbitrator in china. （）20 the arbitration agreement is invalid if the parties failed to reach agreement on the particular arbitration commission in accordance with the arbitration law in china. （）定义对应题1. freight forwarder 2. bill of lading 3. forum selection clause 4. tariffs a.a firm that make

18、s or assists in the making of shipping arrangements b a provision in a contract designating a particular court or tribunal to resolve any dispute that may arise concerning the contract ca instrument issued by a warehouseman or carrier to a shipper that serves as a receipt for goods shipped, as evide

19、nce of the contract of carriage, and as a document of title for the goods.d governmental charges imposed on goods at the time they are imported into a state. 1. withdrawal 2. bill of lading 3. offer 4. tariffs a. cancellation by the offeree of an acceptance. b a proposal by one person to another ind

20、icating an intention to enter into a contract under specified terms. ca instrument issued by a warehouseman or carrier to a shipper that serves as a receipt for goods shipped, as evidence of the contract of carriage, and as a document of title for the goods.d governmental charges imposed on goods at

21、 the time they are imported into a state. 法律术语解释1.merchant law 2.individual proprietorship 3.anticipatory breach 4.arbitral tribunal 5.business law 4 / 56.limited partnership 7.fundamental breach 8.arbitration 问题解答1.what is the deference between one-man company and individual proprietorship in china

22、? 2.what is the constitutions of product liability in american? 3.what is the deference between limited company and limited partnship in china? 4.what is reason to refuse to recognize foreign arbitral awards ?250 案例分析题1. on january 1, seller sent a letter to buyer offering to sell to buyer 5,000 wid

23、gets for $25 apiece. the letter also stated: “ this offer is binding and irrevocable until february 1. ” on january 5, prior to buyer s receipt of the letter, seller called buyer on the telephone and left the following message on the answering machine at buyer s place of business: “ ignore my letter

24、 of january 1. i have decided to withdraw the offer contained in it.” on january 7, after listening to her answering machine and reading the letter that arrived that same day, buyer sent seller the following telegram: “ i accept your offer of january 1.” is there a contract under cisg? why? 2. selle

25、r in san francisco agreed to ship goods to buyer in london under a cif san francisco contract. after the goods were loaded aboard the ship, but before it departed from san francisco, seller tendered the documents required by the contract to buyer and asked to be paid. buyer refused, asserting that i

26、t had a right to inspect the goods upon their arrival in london, and that it did not have to pay until it did so and was satisfied that the goods were in compliance with the contract. seller sues for immediate payment. will seller win? why? 5 / 53. seller contracted to deliver 1,000 barrels of oil to buyer for $14,000. when the oil arrived, 975 barrels complied fully with the contract description. twenty-five were contaminated and unacceptable. oil in comparable barre