国际贸易法案例与实务（课堂用ppt）

国际贸易法案例与实务,Chapter 1 Introduction,1、The Philosophy of International Trade2、Concept of International Trade Law,Chapter 1 Introduction,1. Overview2Interdisciplinary Perspectives on International Trade2.1 The Economics and Politics of Trade2.1.1 The national gains from international trade2.1.2 Domestic specialization and interregional trade2.1.3 The interest of consumers2.1.4 The interests of international business enterprises2.1.5 The interest of import-competing enterprises2.2 Instruments of Protection2.3 The Philosophy of International Trade2.4 Philosophy and International Law2.5 Political Science and International Relations2.6 Sovereignty2.7 The Globalization Debate2.8 Development, International Commerce and Globalization,Chapter 2 The Contract of Sale,1、Application of the CISG2、Operation of the CISG,Chapter 2 The Contract of Sale,1.Background2.The Conventions scope ValidityConsumer sales Property in the goodsProduct liability3.Application of the ConventionInternational salesThe contracting state limitationGoods Sales4.Operation of the ConventionFormation of contractObligations and remedies generallyObligations of the seller and related remediesObligations of the buyer and related remediesThe passing of riskProvisions common to the obligations of seller and buyerExemption ImpossibilityAnticipatory breach,Chapter 2 The Contract of Sale,1.Trade Terms2.Choice of law,Chapter 2 The Contract of Sale,1.Special Provisions in International ContractsTrade termsEXWFOBCIFDEQChoice of law clause1.2.1 ICC Force MAJEURE Clause 20031.2.2 ICC Hardship Clause 20031.2.3 UNCITRAL legal Gudie on Drawing Up International Contracts for the Construction of Industrial Works2. Countertrade - UNCITRAL legal Guide on International Countertrade Transactions,Chapter 2 The Contract of Sale,Case Study on the contract of saleUnited Technologies International Inc. Pratt and Whitney Commercial Engine Business v. Magyar Lgi Kzlekedsi Vllalat (Mlev Hungarian Airlines),Chapter 2 The Contract of Sale,Questions for discussion:(1) Could the plaintiffs proposals be construed to be offers?(2) Was the contract validly concluded by the parties?(3) Would the government approval constitute a condition precedent to the creation of a contract?,Chapter 2 The Contract of Sale,Case Study on the contract of saleThe Natural Gas Case,Chapter 2 The Contract of Sale,Questions for discussion:(1) Was the defendant entitled to complain that the plaintiff did not fulfill its obligation to open a letter of credit, why ?(2) Was the buyer entitled to be fully indemnified for its losses in the case at hand, why?(3) Could the plaintiff claim a loss of profits from an expected resale of the goods to a third party?,Chapter 3 Transport,1.The functions of Bills of lading and sea waybills2.The relationship between voyage charter parties and bills of lading,Chapter 3 Transport,1.Introduction2.Bills of lading and sea waybillsThe bill of lading as receiptThe bill of lading as evidence of the contract of carriageThe bill of lading as document giving the right to possession3.Sea waybills and electronic carriage documents4.Voyage charter partiesThe relationship between voyage charter parties and bills of ladingThe stages of a voyage charter parties5.Contracts of affreightment,Chapter 3 Transport,1.Air Transport2.Multimodal Transport,Chapter 3 Transport,1.Air Transport Civil Aviation (Carriers Liability) Act 1959(Cth)2.Other Modes of International Carriage of Goods3.Multimodal Transport and Freight Forwards UNCTAD/ICC Rules For Multimodal Transport Documents,Chapter 3 Transport,Case Study on International TransportThe Owners of Cargo on board the ship Brij v. The Owners of the ship Brij,Chapter 3 Transport,Questions for discussion:(1) What were the issuse?(2) Could plaintiff claim in contract on the basis of the CAVN bills?(3) Were the CAVN bills the documents of title?,Chapter 3 Transport,Case Study on International TransportCarewins Development (China) Ltd v Bright Fortune Shipping Ltd,Chapter 3 Transport,Questions for discussion:(1) What were the issues?(2) Whether the wording of the attestation clause being meaningless or inapposite in the case of a straight bill, why?(3) Why there was no room left for the exculpatory provisions of Hague Rules clause 2(b) in the case?,Chapter 4 Cargo Transportation Insurance,1.Ocean losses and expenses sustained2.Marine Insurance Clauses,Chapter 4 Cargo Transportation Insurance,1.Perils and Losses1.1 perils 1.2 Losses1.2.1 Total Loss Actual Total Loss Constructive Total Loss 1.2.2 Chapterial Loss General Average Chaptericular average1.2.3 Maritime Charges Sue and Labor Charges Salvage Charges2. Insurance Policy or Insurance Certificate2.1 Insurance Policy Insurance Certificate1.Marine Insurance ClausesThe Insurance CoverageBasic Risks: F.P.A，Free from Chaptericular average;W.P.A or W.A，With Chaptericular average;All RisksAdditional Risks: General Additional Risks; Special Additional RisksExclusionsCommencement and Termination of Insurance Duty,Chapter 4 Cargo Transportation Insurance,Case Study on Cargo Transportation InsuranceUnderwriters at Lloyds v. Labarca,Chapter 4 Cargo Transportation Insurance,Questions for Discussion:(1)What does duty of seaworthiness really mean ?(2)Does the duty seaworthiness really matter under the insurance policy?(3)Clarify the meaning of insurance conditions in detail. (4)Clarify the meaning of exclusion in insurance policy.(5)Do you think the insurance company should compensate for the sink? Why?,Chapter 4 Cargo Transportation Insurance,Case Study on Cargo Transportation InsuranceUffner v. La Reunion Francaise,Chapter 4 Cargo Transportation Insurance,Questions for discussion:(1)Whether a bad faith denial of an insurance claim is an issue of contract or tort is a matter of state law(2)How to determine the jurisdiction therein?(3)How to decide the venue?(4)What should be considered in deciding the jurisdiction?(5)Whats your opinion about this case?,Chapter 5 International Payment,The use of bills of exchange,Chapter 5 International Payment,Sources of Law Concerning International PaymentsPayment on Open AccountBills of Exchange United Nations Convention on International Bills of Exchange and International Promissory Notes,Chapter 5 International Payment,The difference between documentary collections and documentary credits,Chapter 5 International Payment,Documentary Collections Uniform Rules for Collections 1995 RevisionDocumentary Credits ICC Uniform Customs and Practice For Documentary Credits 1993 Revision,Chapter 5 International Payment,Case Study on Documentary CreditsSafa Limited v. Banque Du Caire,Chapter 5 International Payment,Questions for discussion:please explain the relationship between the beneficiary and the bank which issues Letter of credit.Why were the letters of credit the machinery by which the bank was to pay for the insurance guarantees?Why had the bank obtained a waiver of the discrepancies (if there were any)what is distinction of this case from other cases concerning letter of credit? Please expound the rules on discrepant documents.,Chapter 5 International Payment,Case Study on Documentary CreditsSinopac Xiamen v. Billiongold HK and others,Chapter 5 International Payment,Questions for discussion:why was the contract of purchase-and-sale between Sinopac Xiamen and Billiongold null and void?what kinds of situation can render L/c void?Please analyze the reasons the court stops payment in this case. why should Billiongold and Winwick undertake joint and several liability for compensating Sinopac Xiamen for the bank charges for opening and amendment?what is the key of this case?,Chapter 6 Trade Dispute Resolution,The use of mediation for resolving international disputesDealing with forum non conveniens applications,Chapter 6 Trade Dispute Resolution,1.Negotiation and Mediation - Negotiating for International Development1.1The United States of America1.2Japan1.3How to negotiate cross-culturally2.Litigation2.1Introduction2.2Forum Agreements2.3Jurisdiction in general 2.4Forum non conveniens2.5Restraining foreign actions,Chapter 6 Trade Dispute Resolution,Drafting Arbitration AgreementsGoverning Law in International Arbitration,Chapter 6 Trade Dispute Resolution,1. Introduction to Arbitration2. Laws on Arbitration UNCITRAL Model Law on International Commercial Arbitration3. Arbitration Agreements3.1Form and terms of arbitration agreements3.2Scope of obligation3.3The dispute resolution system4.Governing Law5.Conduct of Proceedings5.1 UNCITRAL Notes on Organizing Arbitral Proceedings5.2 Rules of Arbitration of the International Chamber of Commerce5.3 IBA Rules on the Taking of Evidence in International Commercial Arbitration6. Enforcement of Awards Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958),Chapter 6 Trade Dispute Resolution,Case Study on LitigationPIPER AIRCRAFT COMPANY v. Reyno,Chapter 6 Trade Dispute Resolution,Questions for discussion:what is the doctrine of forum non conveniens ?What factors should ordinarily be given weight in the forum non conveniens inquiry? How was interest analysis applied by the court