法律英语期末作业

2012

级法律英语期末作业

汤敏

2

期末作业

课程名称

法律英语——

Legal English

题

目

仲裁代理词

Arbitration Statement of Attorney

学

院

法学院

专

业

法理学

学生姓名

汤敏

学

号

2

年级

2012

级

指导教师

黄力华

2012

级法律英语期末作业

汤敏

2

Arbitration Statement of Attorney

Dear arbitrators:

I am commissioned by the respondent

——

Medi-Machines,

S.A.,

As

its

arbitration

agents,

to

participate

in

the

arbitration

activities

to

the

case.

before

the

start

of

the

arbitration

tribunal,.

I

looked through the files material to the case and made the necessary

investigation

of

the

case,

I

will

represent

the

Respondent

——

Medi- Machines,

S.A.

to

publish

the

following

agent

：

Firstly

,

this

case

should

be

settled

through

arbitration

in

the

first

place .In

the

contract,

there

is

an

arbitration

clause:

“

15.

Any

dispute arising out of or in connection with this contract, including

any question regarding its existence, validity or termination, shall be

referred to and finally resolved by arbitration in Vindobona, Danubia

in accordance with the Arbitration Rules of Singapore International

Arbitration Centre (“SIAC Rules”) for the time

being in force which

rules are deemed to be incorporated by reference to this clause.” So

the case should be settled through arbitration in the first place.

Secondly,

the

respondent

——

Medi- Machines,

S.A.

had

done

its

obligations,

So

it

should

not

assume

the

responsibility

of

the

claimant

argued,

remind

the

arbitral

tribunal

to

note

the

following

facts:

2012

级法律英语期末作业

汤敏

2

1

、

Salt is a kind of special goods, not ordinary goods, The salt

includes industrial salt and salt .it is a very special item to handle. It

is highly corrosive.

2

、

The

Equapack

didn’t

do

it’s

reasonable

attention

and

diligence obligation . All of our literature and our website

make it

clear

that

machines

built

to

pack

salt,

as

is

our

Model

17,

use

a

high-grade

stainless

steel.

Those

machines

are

considerably

more

expensive than are machines for packaging all other products. Since

salt is such a special product, we do not and cannot assume that

a

customer intends to pack it unless we are told so specifically. You

did

not

do

so

when

ordering

our

have

insisted

that

you told me that you would be using the machines to pack salt when

you telephoned me to inquire when the machines would be shipped.

To say the least, you were not very specific about it. Even so, I did

tell you that the Model 14 machines should not be used for salt. You

had wanted machines at the best price we could offer you, and that is

why I suggested the Model 14 machines to you. We would not have

been able to sell you machines you could have used for salt at the

price you were paying for the Model 14 machines.

3

、

Although

Equapack

said

it

have

told

Mr

drake

that

the

machines would be used for packaging salt in July 23,2002

，

it also

said late

，

because the contract had been formed before July 23,2002

。

2012

级法律英语期末作业

汤敏

2

Even after the conclusion of the contract for the sale of the Model 14

machines

and

prior

to

their

delivery

and

use,

Equapack

did

not

inform

Medi-Machines

that

the

machines

would

be

used

for

packaging salt. Mr. Swan was not attempting to inform Mr. Drake or

Medi-Machines that the machines would be used for packaging salt

when he telephoned on 23 July 2002. What he told Mr. Drake was

not sufficient to convey that information. Even if it had been clear

that Equapack intended to use the machines to pack salt, it was too

late

to

affect

Medi-

Machines’

responsibility.

The

contra

ct

was

concluded,

the

specific

machines

to

be

shipped

to

Equapack

had

been

selected

and

those

machines

had

been

packed

for

export

shipment.

4

、

The

claimant

——

Equapack

had

fraudulent

conducts.

the

Equapack said:“

Because of the inability to use any further the Model

14

packaging

machines

purchased

from

Medi-Machines,

Equapack

was

forced

to

purchase

new

machines

from

Oceanic

Machinery,

GmbH at a substantially higher price. Two auger-feeders capable of

packaging

salt

cost

US$$125,000

each

while

four

auger- feeders

for

all other products cost US$$75,000 each. Shipping and customs cost

an

additional

US$$45,500.

During

the

period

of

two

months

when

Equapack

was

unable

to

service

the

contract

for

which

the

packaging

machines

had

been

purchased

from

Medi-Machines,