题目
第1题
第2题
A.broke up
B.broke out
C.broke down
D.broke in
第3题
()is attached to contract, indicating that both parties agree on the correcting of certain points of contracts.
A、Order
B、L/C
C、S/C
D、Memo
第4题
第5题
A.Would
B.Should
C.Had
D.Might
第6题
● Problems can occur in properly defining a project because:
A Project goals may not be agreeable to all parties
B The plan was "too loose," thus allowing priorities to change
C Low turnover of project personnel
D Too much communication between the client and project personnel
E The project objectives were quantified
第7题
a. The similarities between a note and a bill are as follows:
(1)The ______ of a note is same as that of a bill.
(2)The ______ of a note shall be deemed to correspond with the acceptor of a bill.
(3)The ______ of a note shall be deemed to correspond with the drawer of an accepted bill payable to drawer's order.
b. The differences between a bill and a note are as follows:
Bill
(1)A bill is an unconditional order to pay.
(2)A bill has three basic parties, namely drawer. drawee and payee.
(3)Where payable after date, a bill is generally accepted.
(4)An acceptance can be conditional.
(5)Before acceptance the drawer is primarily liable for payment, but after acceptance, the acceptor becomes primarily liable for payment.
(6)A bill can be accepted for honour.
(7)A bill can be drawn in a set.
Note
(1)A note is an ______.
(2)A note has two basic parties namely ____________.
(3)A note is ____________.
(4)A promise to pay can ______.
(5)A maker is always the party __________________.
(6)A note ______ accept for honour.
(7)A note ______ be drawn in a set.
第8题
Under the SCC Rules three arbitrators are appointed unless the SCC Institute decides, at its discretion, that the arbitral tribunal should consist of a sole arbitrator. However the parties may agree otherwise. Each party appoints one arbitrator and the SCC Institute the third who will act as chairman of the arbitral tribunal, unless the parties have decided otherwise. There is no list of arbitrators but the parties may appoint any person of any nationality as arbitrator, as long as he is impartial and independent.
The parties may be represented or assisted by any person of any nationality in the proceedings.
The parties are also free to agree on :
·The place of arbitration
·The language to be used in the proceedings
·The law, or rules of law, to be applied to the substance of the case
The arbitrators act on the basis of presentations-both oral and written-submitted by the parties.
The award shall be rendered within six months and no appeal is permitted on the merits .
Claimant files its request for arbitration, appoints an arbitrator and provides the registration fee
The request for arbitration shall include the names and addresses of the parties and their counsel, a summary of the dispute, a preliminary statement of relief sought, a copy of the arbitration agreement and, the name and address of the appointed arbitrator.
The request may be faxed to the SCC Institute or sent by e-mail. However, if the request is extensive, paper copies are preferred. In such case, the request should be submitted in five copies.
At the same time as the request for arbitration is filed, the claimant shall pay a registration fee.
SCC Institute
The SCC Institute makes a preliminary check on its jurisdiction and, if the registration fee is provided, notifies the respondent.
Respondent submits its reply to the request for arbitration and appoints an arbitrator
The reply shall include comments on the request and the name and address of the appointed arbitrator. Furthermore, the respondent should submit any counterclaim or set- off claim and any objections regarding jurisdiction. The reply may be brief.
Failure from the respondent to submit a reply does not prevent the SCC Institute from proceeding with the arbitration.
SCC Institute appoints a chairman and determines the advance on costs
If the respondent fails to submit its reply, or if' the reply does not contain any information regarding an arbitrator, the SCC Institute appoints an arbitrator on the respondent's behalf.
Furthermore, apart from appointing the Chainnan and determining the Advance on Costs , the Institute decides the place of arbitration, should the parties not have determined it already.
Should the parties have decided another procedure regarding the appointment of the chairman, the SCC Institute will consider such decision.
Following the above said decisions the SCC Institute requests the parties to provide the advance on costs.
Claimant provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, Lhe parties are asked to provide the advance on costs with half each. Should the respondent fail to provide its part of the amount the claimant will be asked to provide the entire amount.
Respondent provides its part of the advance on costs
The advance on costs shall be provided in cash. However, part of the amount may be provided by way of a bank guarantee. The SCC Institute keeps model guarantees for such purpose.
Generally, the parties are asked to provide the advance on costs with half each. The respondent may not pursue a counterclaim wiLhout providing an advance on costs.
SCC Institute refers the case to the arbitral tribunal
Following the payment of the advance on costs, the case is referred to the arbitral tribunal.
The arbitral tribunal
The manner of conducting the proceedings is determined by the arbitral tribunal in compliance with the conditions set down in the arbitration agreement and the SCC rules. Due account is taken to the wishes of the parties.
Unless the parties have agreed on the language to be used in the proceedings, the arbitral tribunal will, after consultation with the parties, make such decision.
Unless the parties have agreed which law, or rules of law, shall apply to the merits of the dispute, the arbitral tribunal will apply the law, or rules of law, that it considers to be most appropriate.
The arbitral tribunal requests the claimant to submit a statement of claim. The respondent will be requested to submit a statement of defence.
Claimant submits its statement of claim
The claimant shall submit a statement of claim, including the following (unless already submitted) :
·The relief sought
·The material facts and circumstances
·A preliminary statement of evidence
The claimant may amend its claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendment, the prejudice that may be caused to the other party or other circumstances.
Respondent submits its statement of defence
The respondent shall submit a statement of defence, including the following (unless already submitted) :
·A statement as to whether the respondent denies or accepts the relief sought by the claimant
·The material facts and circumstances
·Any counterclaim or set-off claim and the grounds therefore
·A preliminary statement of evidence
The respondent may amend its counterclaim or set-off claim in the course of the proceedings if the amendments are comprised by the arbitration agreement and the arbitral tribunal does not oppose thereto on account of the point of time of the amendments, the prejudice that may be caused to the other party or other circumstances.
The arbitral tribunal summons the parties to a hearing
An oral hearing shall be arranged if requested by either party, or if the arbitral tribunal considers it appropriate. The arbitral tribunal shall determine the time for the hearing, its duration and how it is to be organized, including the manner in which evidence is to be presented. When planning the hearing, the arbitral tribunal shall take into account the wishes of the parties.
At the hearing the parties shall, at the request of the arbitral tribunal, state the evidence on which they intend to rely.
Despite a party's failure to appear at the hearing, the arbitral tribunal may decide to continue the hearing and render an award.
The arbitral tribunal renders an award
An award shall be rendered not later than six months as from the date when the case was referred to the arbitral tribunal.
At the request of a party, a separate issue or part of the matter in dispute may be decided in a separate award.
If a party withdraws a claim the other party may request the arbitral tribunal to rule on the claim. A condition for such ruling is that the party requesting the award has paid an advance on costs.
When rendered an award is final and binding for the parties.
Questions for reading :
第9题
within, for, between, out, in, forward, to, with, by, at
Terms in Technical Contract
The Buyer agrees that the Seller will carry(1)the design, selection of material manufacturing, inspection and test of the equipment and materials supplied by the Seller according(2)the existing standards and codes of the Seller' s country. (3) one and a half months after signing the Contract, the Seller shall airmail(4)his own expense to the Buyer the said standards and codes(5)six copies.These documents shall be delivered in English as far as possible and the rest in German.The standards and codes shall be with indication of item numbers of the equipment and materials.The Buyer shall put(6)his comments(7)reference to the submitted standards and codes during the preliminary design meeting and the final agreement reached
(8)both parties through discussion shall be regarded as the basis for the inspection and test of the equipment and materials.
All the equipment and materials supplied(9)the Seller shall be inspected by the Seller and quality certificates and inspection and test records shall be issued by the manufacturers or the Seller.These documents shah be delivered to the Buyer as certificates of quality guarantee in accordance with the Contract.All expenses involved in the inspection and test of the equipment and materials shall be(10)the Seller's account.
第10题
One study in the United States found that thirty- eight percent of foreign students said they had no close American friends.
Elisabeth Gareis teaches in the Department of Communication Studies at Baruch College in New York. She says efforts on how to improve relationships between foreign and American students have yet to be studied in detail. But she says these efforts should begin with the college or university, and that these institutions have been working harder.
Ms.Gareis suggests that students should be encouraged to take part in different activities,such as taking walks, going on bike rides, field or camping trips, and attending parties,sporting events or film festivals. She says such activities should be held repeatedly through out the school term to bring students together.
She also suggests that foreign students share housing with American students.She says if the new students make friends as they begin school, they will come to feel part of the life and traditions of the university, as well as create long lasting friendships throughout their university career.
21.According to paragraph one, what was the percentage of foreign students had no close American friends?()
A.72%
B.38%
C.28%
22.Who should work harder on improving the relationships between foreign and American students?()
A.American students
B.Institutions
C.The college or university
23.Which way is a good way for foreign students to improve the relationship with American students?()
A.Stay at dormitory all day
B.Play with students from home country
C.Take part in some activities with local students
24.Does Ms. Gareis agree that the activities shouldn't be held repeatedly throughout the term?()
A.No
B.Yes
C.Not mentioned
25.What would be the best title for the passage?()
A.Helping International Students Make Friends
B.How to Study Overseas
C.How to Take Part in Friends' Party
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