国际工程管理专业英语课程论文

兰州交通大学

学期论文

中文题目

国际工程中的谈判与仲裁

英文题目

The

Disputes and Arbitration

in the International Project

专

姓

学

业

名

号

通信工程

乔鹏霞

201210052

刘

虹

指导教师

提交日期

December 23

兰州交通大学

学期论文评语

指导教师：

成绩

摘要

世界经济正在进入高速发展时期，各国工程经济也日新月异。

改 革开放以来，

我国的工程经济也是蒸蒸日上，

与世界各地在工程 方

面的交流也变的日益紧密。近年来，我国在工程技术方面突飞猛进，

< br>各个方面都与世界先进水平接轨，迎合了国际工程发展必要性。

我国在国际工程方面的成就比比皆是，但是，发展的同时，也

伴随着很多问题的 浮现，

投标与招标问题，

项目融资问题，

保险问题，

索赔问题，还有争端与仲裁问题。

要想在国际工程中达到双方互赢，

和谐稳定的关系，

就必须清

楚以上几个问题，

尤其是当合作双方出现争端问题时，

应该清楚怎样

合理的处理争端。

对于解 决国际工程中出现的大多数争端来说，

仲裁

可以说是一种快速、 省时且耗费低的解决方案。然而令人惊讶的是，

大多数承包商对此了解甚少。

的深入了解，将有助于选择一个有利 的争端解决方案。

本文在五个方面论述了争端与仲裁问题，< /p>

第一章介绍了争端的

起因与解决方案，

第 二章阐述了仲裁的目的与原则，

第三章对仲裁程

序进行了详细介 绍，

第四章补充了仲裁时的相关事宜，

第五章对全文

关键字：争端

仲裁

仲裁程序

Abstract

The

world

economy

is

entering

the

period

of

development

at

top

speed,

the

engineering economy also change rapidly. Since the reform and opening up, China's

engineering economy is also on the update; communication with the world in the field

of

engineering

has

become

increasingly

close.

In

recent

years,

our

country

make

a

spurt

of

progress

in

the

engineering

technology,

all

aspects

of

integrating

with

the

world advanced level, and meet the need for international project development.

Achievements in international engineering aspects of our country have met the

eye everywhere. However, with development, is also accompanied by many problems

emerge at the same time, tendering and bidding, financing, insurance, claim, disputes

and arbitration.

To

achieve

a

mutual

win

in

international

project

and

a

harmonious

and

stable

relationship,

it

is

necessary

to

make

clear

the

above

problems,

especially

when

the

cooperation

appear

dispute

problem

between

the

two

sides,

they

should

know

how

reasonable

to

deal

with

the

dispute.

For

the

variety

of

disputes

settlement

in

international projects, arbitration can be said to be a solution for fast, time saving and

low cost, but surprisingly, the majority of the contractors know little about it. On the

arbitration

procedures

and

skills

and

in- depth

understanding

of

the

advantages

and

disadvantages relative, will help to choose a favorable solution.

This

paper

discusses

the

disputes

and

arbitration

problems

in

five

aspects,

the

first

chapter

introduces

the

dispute

and

solution,

the

second

chapter

expounds

the

purpose and principles of arbitration, the third chapter gives a detailed introduction to

the

procedure

of

arbitration,

the

fourth

chapter

complements

the

matters

relating

to

arbitration, and the fifth chapter summarizes the full text.

Keywords: Dispute

Arbitration

Arbitration procedure

Contents

Chapter one

Introduction

………… ……………………………

.1

1.1

The cause of disputes

………………… ……………………

....................1

1.2

The settlement of disputes

………………………………………………

.1

Chapter two

Arbitration

2.1 Purpose

…………………

.

… ……………………………………………

.2

2.2 Principles

………………

..

…………………………………

.....................2

Chapter three

Arbitration procedure

………………… …………

...3

Chapter four

Other affairs

………………………………………

..4

4.1 Arbitration association

4.2Bear the cost of arbitration

4.3Matters need attention

Chapter five

Conclusion

…………………………………………

..5

References

Chapter one

Introduction

1.1 The cause of disputes

The

disputes

formed

result

from

the

effectiveness

diminished

that

the

contractor

in

his

contract

and

during

the

performance

of

the

job

without

careful

thought

and

preparation .The

contractor

who

trust

the

other

party

’

s

good

intentions

until it is too late ,who does not make sure her under that stands the available options

in the event of a dispute ,and who does not take the steps necessary to place himself in

the best position to recover the money he has earned may be sorry when things do not

occur as smoothly as he had hoped.

2.2 The settlement of disputes

When

the

dispute

arise

in

engineering,

to

contractors

solve

the

dispute

is

the

most important things. There are many ways to solve the disputes. Arbitration can be

an

expeditious

and

inexpensive

method

for

resolving

most

disputes

arising

in

the

construction

industry.

It

has

been

stated

that

arbitration

is

a

“

simple

proceeding

voluntarily chosen by parties who want a dispute determined by an impartial judge of

there

own

mutual

selection,

whose

decision,

based

on

the

merits

of

the

case,

they

agree in advance to accept as final and binding

”

.1

《

Construction Law in Contractors

Language

》

Another way to solve the disputes is sue to the court, by the legal means.

But

it

been

said

that

some

people

have

characterized

the

way

sue

to

court

as

“

an

expensive detour to on the way to the courthouse.

”

Two

ways

mentioned

above

is

available

to

solve

the

disputes

problem,

but,

in

any

contract

disputes

procedure,

settlement

at

the

first

level

is

always

preferable

because it avoids the costly delay of further attempts

to

settle or avoids the cost

of

arbitration or litigation. An additional advantage is that the parties at the first level are

more familiar with the work and are thus able to evaluate the merits of any claim if

each

is

fully

informed

on

the

others

position.

In

those

ways

arbitration

is

most

effective ways to deal with the disputes problem.