programme seven （下册终）

1、LOGOBusiness Arbitration Programme SevenContentsCompany Logo Programme Content1 Programme Objective2 Warming up 3 Passage One4Passage Two5Contents1234read about a passage on business arbitrationread about a passage on advantages and disadvantages of arbitrationlearn the common expressions on busines

2、s arbitrationlearn China International Economic and Trade Arbitration CommissionProgramme Programme contentcontent Objective1234talk about the advantage of business arbitrationtalk about the disadvantage of business arbitrationnegotiate on business arbitration clause in the business activitiescommun

3、icate with foreign business partners on the matters of business arbitrationProgramme Programme objectiveobjectiveWarm-upvChallenge YourselfChallenge YourselfCan you tell us the Chinese meaning of the following Can you tell us the Chinese meaning of the following words immediately?words immediately?(

4、5) professional (1) thereby (3) tactic (4) disagreement (2) mediation (6) substantially (7) inconvenient (8) long-reaching (9) arise (10) submit Warm-upvShort Survey Short Survey Have you got some idea of the following terms before Have you got some idea of the following terms before reading the pas

5、sage?reading the passage?Company Logo(4) jurisdiction (5) procedure(3) distributor (1) dispute (2) arbitration Passage One：Business Arbitration Arbitration, a form of alternative dispute resolution, is a technique for the resolution of disputes outside the courts, where the parties to a dispute refe

6、r it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceab

7、le. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commer

8、cial contracts. Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically

9、, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to

10、 compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable. By onedefinition arbitration is binding and so non-binding arbitration is technically no

11、t arbitration. Arbitration is a very common approach for resolving international commercial or business disputes, and a number of international organizations have been established for doing this. These include the International Chamber of Commerce (in Paris), the Arbitration Institute of the Stockho

12、lm Chamber of Commerce, and the International Court of Arbitration administered by the World Business Organization. Each of these bodies has its own procedures for arbitration，which avoids the problem of one country having different procedures from another, thereby creating a conflict over which jur

13、isdiction should hear a case. Business arbitration is a method of settling disputes. Often referred to as commercial arbitration, this dispute resolution tactic allows businesses to work out disagreements in a professional manner that does not require them to go to court, but that does bind them to

14、the final decision. The result is that agreements are often easier and quicker to reach, and the costs of doing so are substantially lower than they would be in the event of a lawsuit. Disputes between businesses can be very inconvenient and can have long-reaching effects. Consider, for example, if

15、there is a dispute between a supplier and a transport company. If an agreement is not reached and the products are not delivered, the distributor will suffer, which will in turn create a problem for consumers. Business arbitration is often the preferred resolution process in instances such as these.

16、 In many cases, businesses sign arbitration contracts or clauses at the beginning of their dealings with one another. When a problem arises, the disputing parties are already aware of the manner by which it will be solved. Agreeing in advance is not a requirement, however. One party can submit a dis

17、pute to the arbitration association in his jurisdiction, and if the other party agrees to this method of resolution, the business arbitration can proceed. (1) arbitration n. 仲裁仲裁 (2) dispute n. 争端争端 (3) tribunal n. 法庭法庭 (4) resolution n. 决议；决定；决心决议；决定；决心 (5) impose v. 把把强加强加 (6) mandate v. 托管；委任托管；委

18、任 (7) statute n. 法令，法规法令，法规 (8) establish v. 建立，证明建立，证明 (9) administer v. 管理，支配，实施管理，支配，实施 (10) procedure n. 过程，程序过程，程序 (11) jurisdiction n. 司法，司法权司法，司法权 (12) tactic n. 策略策略 (13) disagreement n. 分歧，不一致分歧，不一致 (14) professional adj. 专业的专业的 (15) bind v. 使受（法律，合同等）约束使受（法律，合同等）约束 (16) substantially adv.

19、重要地，实际上重要地，实际上 (17) inconvenient adj. 不方便的不方便的 (18) long-reaching adj. 深远的深远的 (19) requirement n. 要求要求 (20) submit v. 呈送，提交呈送，提交 (21) association n. 联合会，协会联合会，协会 (22) submit to 呈交呈交 (23) go to court 起诉起诉 (24) proceed v. 继续继续 (25) mediation n. 调解，斡旋调解，斡旋 Words & Expressions(1) Arbitration is a ve

20、ry common approach for resolving international commercial or business disputes.仲裁是解决国际争端的一种很常见的途径。仲裁是解决国际争端的一种很常见的途径。 其中，名词其中，名词 approach的意思是的意思是“方法，手段；途径，道方法，手段；途径，道路路”，例如，例如，We will be exploring different approaches to gathering information.（我们将探索收集信息的不同方法。）（我们将探索收集信息的不同方法。）又如，又如，A path serves as

21、an approach to the boat house.（一条小（一条小路通往船屋。）路通往船屋。）approach作动词时，意思是作动词时，意思是“走进；靠近；接走进；靠近；接近近”，例如，例如，When I approached, they grew silent.（当我走近（当我走近时，他们就不说话了。）再如，时，他们就不说话了。）再如，We turned to see the approaching car slow down.（我们转身看见驶近的车慢慢停（我们转身看见驶近的车慢慢停下。）下。）Notes(2) Each of these bodies has its own pr

22、ocedures for arbitration，which avoids the problem of one country having different procedures from another, thereby creating a conflict over which jurisdiction should hear a case. 每一个机构都有自己的仲裁程序，这就避免了不同国家有不每一个机构都有自己的仲裁程序，这就避免了不同国家有不同仲裁程序，并由此而产生的必须由司法进行审理的问题。同仲裁程序，并由此而产生的必须由司法进行审理的问题。 其中，句子其中，句子 which

23、 avoids the problem of one country having different procedures from another是非限制性定语从句修饰前面的句是非限制性定语从句修饰前面的句子子Each of these bodies has its own procedures for arbitration. 还有还有one country having different procedures from another是带有逻辑主语的是带有逻辑主语的动名词短语，作介词动名词短语，作介词of的宾语。的宾语。over which jurisdiction should h

24、ear a case是定语从句修饰先行词是定语从句修饰先行词 “conflict”，短语，短语 hear a case是是“审理案件，听审案件审理案件，听审案件”的意思。又如，短语的意思。又如，短语 accept and hear a case的意思是的意思是“受理案件受理案件”，短语，短语hear a case again的意思是的意思是“再再审审”。(3) In many cases, businesses sign arbitration contracts or clauses at the beginning of their dealings with one another.在很

25、多情况下，企业双方在他们交易开始的时候签订仲在很多情况下，企业双方在他们交易开始的时候签订仲裁合同或条款。裁合同或条款。 其中，短语其中，短语 in.case的意思是的意思是“在在情况下情况下”，类似短语有类似短语有in the case of （就（就来说；至于来说；至于），），in case of（假使（假使, 万一万一），），in case（假使，免得，（假使，免得，以防万一）例如，以防万一）例如，In case he comes, let me know.（假使（假使他来，让我知道。）又如，他来，让我知道。）又如，In case of fire, ring the alarm bell

26、.（如遇火警，请按警铃。）（如遇火警，请按警铃。）(4) Often referred to as commercial arbitration, this dispute resolution tactic allows businesses to work out disagreements in a professional manner that does not require them to go to court, but that does bind them to the final decision. 这一争端的解决策略被称为商业仲裁，它允许企业以一种专业的方式解这一争端的

27、解决策略被称为商业仲裁，它允许企业以一种专业的方式解决分歧，而不需要起诉，然而却能约束双方达成最终的决定。决分歧，而不需要起诉，然而却能约束双方达成最终的决定。 其中，句子中其中，句子中 referred to as是过去分词短语作定语修饰是过去分词短语作定语修饰 “this dispute resolution tactic”，短语，短语 refer to sb./sth. as意思是意思是“称某人、某物称某人、某物为为”，例如，例如，That is why the Marxists refer to their movement as scientific socialism.（那就是为什

28、么马克思主义者们称他们的运动是科学（那就是为什么马克思主义者们称他们的运动是科学社会主义的原因。）短语社会主义的原因。）短语 work out意思是意思是“解决；制定，设计解决；制定，设计”，例如，例如，短语短语 work out a plan的意思是的意思是“制定计划制定计划”，短语，短语 work out ones own salvation的意思是的意思是“自救自救”，短语，短语 go to court意思是意思是“起诉起诉”，短语，短语 in a . manner的意思是的意思是“用一种用一种的方式的方式”，短语，短语 in a professional manner的意思是的意思是“

29、以一种专业的方式以一种专业的方式”。Business LinkDifferences between Arbitration and Mediation International arbitration is a significant variant of the practice in many countries of arbitration, from which it is derived and shares many features. It is not just the fact that international arbitration arises in the co

30、ntext of international contracts that makes it different. In the international dispute resolution community, it is widely accepted to be a different animal entirely, involving different practices and rules, and being represented by a different community of arbitrators and legal practitioners. It is

31、essential to draw a firm distinction between Arbitration and Mediation or Conciliation, which are both sometimes characterized as forms of ADR (Alternative Dispute Resolution). In countries where mediation is new or struggling to be introduced as a concept, this association has given rise to the mis

32、leading impression that mediation is a form of non-binding arbitration, with the arbitrator proposing or suggesting outcomes based on an assessment of the parties rights. In fact, arbitration and mediation orconciliation are fundamentally different: the former is a binding determination of legal rig

33、hts, the latter two forms of dispute resolution involve facilitated negotiation which aims at producing a consensual settlement. The one leads to a binding determination (arbitration), the other only in the event the parties agree to settle their dispute on mutually satisfactory terms (mediation).Af

34、ter readingAfter reading1. Business arbitration is a method of _. A. doing businessB. signing a contractC. settling disputesD. dealing with problemsRead and think Read and think Task 1: After the passage, you will find 5 questions. For each question Task 1: After the passage, you will find 5 questio

35、ns. For each question there are 4 choices marked Athere are 4 choices marked A、B B、C and D. You should make the C and D. You should make the correct choice.correct choice.After reading2.The costs of business arbitration are _ they would be in the event of a lawsuit.A. the same asB. substantially low

36、er thanC. as much asD. much higher than3.Arbitration is a very common approach for _.A. signing agreementsB. doing businessC. solving problemsD. resolving international commercial or business disputesAfter reading4. Disputes between businesses can be very _ and can have long-reaching effects.A. conv

37、enient B. agreeableC. inconvenientD. disgusting5. When a problem arises, the disputing parties are already aware of the manner by which it will be solved. Find a synonym of the underlined word in the given words:A. raises B. happensC. appears D. arousesAfter readingTask 2: Fill in the blanks with th

38、e words and expressions given in Task 2: Fill in the blanks with the words and expressions given in the box. Change the form if necessary.the box. Change the form if ceed ariseprofessionalinconvenientthereby be aware ofagree to in turnin advancesubmit toAfter reading1. Please come, if i

39、t is not _ to you.2. A new problem has _.3. Lets _ to the next agenda. 4. This kind of work needs _ skills.5. If the other party _ this method of resolution, the business arbitration can proceed.After reading6. If an agreement is not reached and the products are not delivered, the distributor will s

40、uffer, which will _ create a problem for consumers.7. You should pay the rent _.8. All important problems must be _ the committee for discussion.9. I gave him my advice; I hope he may profit _.10. We must _ the difference between the two solutions.After readingRead and TranslateAfter readingTask 1:

41、Translate the following phrases into English. 1. 1. 把把强加给强加给 2. 2. 减速减速 3. 3. 把把呈交呈交 4. 4. 通过一项支持某事的决议通过一项支持某事的决议 5. 5. 意识到意识到 6. 6. 商业仲裁商业仲裁 7. 7. 听审案件听审案件 8. 8. 预先，提前预先，提前 9. 9. 争议双方争议双方 10. 10. 深远的影响深远的影响After readingTask 2: Translate the following sentences into Chinese. 1. Disputes between busi

42、nesses can be very inconvenient and can have long-reaching effects.2. Business arbitration is a method of settling disputes.3. In many cases, businesses sign arbitration contracts or clauses at the beginning of their dealings with one another.4. If an agreement is not reached and the products are no

43、t delivered, the distributor will suffer, which will in turn create a problem for consumers. 5. When a problem arises, the disputing parties are already aware of the manner by which it will be solved.After readingRead and speakAfter reading1.Explain what arbitration is in your own words.2. If there

44、is a dispute between a supplier and a transport company, what will the disputing parties do?Task 1: Discuss the following questions with your partner after reading the passage.After reading In many cases, businesses sign arbitration contracts or clauses at the beginning of their dealings with one an

45、other. When a problem arises, the disputing parties are already aware of the manner by which it will be solved. Agreeing in advance is not a requirement, however. One party can submit a dispute to the arbitration association in his jurisdiction, and if the other party agrees to this method of resolu

46、tion, the business arbitration can proceed.Task 2: Recite the following paragraph. Company LogoPassage Two Advantages and Disadvantages of ArbitrationQuestions1. Have you ever experienced arbitration? If you have, what kind of arbitration was it? 2. What are the advantages and disadvantages of arbit

47、ration? The advantages of arbitration are immediately apparent: arbitrations are faster and less expensive than court trials, usually taking less than six months from beginning to end and costing perhaps half as much as a civil trial. They are also private forums so that competitors and the public d

48、o not have access to information and testimony that the parties may not wish to have made public. This may be critical if the arbitration concerns information that your company wants to keep from competitors, or prefers not to reveal in a public forum. These issues often can be overcome in court thr

49、ough confidentiality agreements, protective orders, and other devices to keep matters private. Ultimately, however, courts are reluctant to seal records, and information concerning trade secrets and intellectual property may be revealed in some form during a trial. As such, arbitration may be a viab

50、le alternative if contractors want to keep their business private. They also avoid the emotionalism often evident in a trial by jury since “professionals” such as judges and attorneys are normally the arbitrators rather than typical citizens who may have seen too many movies about trials to behave i

51、n an entirely objective manner. In the United States, arbitration is most commonly used in labor-management, commercial, and consumer conflicts. In 1985, more than 95 percent of all collective bargaining contracts required that arbitration be used to resolve disputes. Arbitration is more flexible th

52、an adjudication. The disputants can usually choose their own arbitrator, who can be an expert in the topic in dispute, which a judge seldom is. This makes arbitration especially useful in complex, technical commercial disputes. The disadvantages are significant, however. Arbitration is adversarial,

53、thus it generally does nothing to create win-win solutions or improve relationships. Often it escalates a conflict, just as court-based adjudication is likely to do. In addition, arbitration takes decision making power away from the parties. This results in a resolution of the current conflict, but

54、does nothing to help the parties learn how to resolve their own conflicts more effectively in the future, as does mediation. Other people also fault arbitration for being too informal and potentially unjust. Only the courts, with their carefully regulated procedures can provide justice, some observe

55、rs believe. Besides, Arbitrators are given tremendous freedom in their procedures and judgments and absent outrageous conduct, the Courts will not review their actions. While in civil courts the judges are held to strict application of the law and the complex procedures and rules of evidence, the co

56、urts have consistently held that such strict compliance is not required of arbitrators who may use any and all equitable procedures or common sense and fairness to determine how to hear a matter. This gives the typical arbitrator far more power than the average judge. The various arbitration associa

57、tions do have rules which are to be adhered to and most arbitrators are lawyers or judges and instinctively apply, although in more informal ways, the standard rules of procedure and evidence. Nevertheless, assuming an arbitrator is incompetent or unfair，there is little that can be done about it unl

58、ess the arbitrators conduct is completely unreasonable. Indeed, the Courts have even held that an error of law by the arbitrator will not result in the court overturning the arbitrators decision. Overall, most business clients still prefer arbitration to litigation in court for the simple reason tha

59、t it is quick, relatively inexpensive and private. While the power of the arbitrator may be a danger, so is the power of a judge and jury and most arbitrators, who hear only a few dozen cases in their entire careers, are likely to invest a great deal attention and care to the fair and effective hand

60、ling of the arbitration. Most arbitrators do an excellent job and given the expense and publicity inherent in litigation, the overwhelming majority of businesses provide for arbitration in their written contracts and transactional documents. (1) advantage n. 优点，益处优点，益处(2) apparent adj. 明显的明显的 (3) trial n. 审判审判