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FOCUS 2. Comprehension questions




? What is a claim?

? In what case may a claim arise?

? In what case are the parties to the contract entitled to reject a claim?

? What is a Letter of Complaint?

? What is an unjustified complaint?

? What does an amicable settlement of the claim imply?

? What are Points of Claim?

? What documents are needed for filing Points of Claim with Arbitration Court?

? Which party should appoint an Arbitrator and an Umpire?

? Why are the cases entrusted to a sole Arbitrator?

? Who covers the expenses of the arbitration proceedings?

? Can the parties to a contract apply to Courts of Law?

? If the parties to a claim cannot appoint arbitrators whose discretion is it then?

? Do the parties to the contract have the right to submit the matter to the Court of Appeal?

FOCUS 3. Study the notes, writing patterns and vocabulary.

1. The Arbitration vs arbitration , , the Arbitration , , . arbitration .

WRITING PATTERNS

1. Hereby we make a claim on you for damages. .
2. The claimant and the respondent have come to an amicable settlement of the claim in question. .
3. We intend to refer the dispute for consideration to the Arbitration Court at the Chamber of Commerce and Industry of Russia. .
4. The decision/award of the arbitration is final and binding on both parties. .
5. No claim may arise out of or in connection with this clause of the contract. , .
6. The appointment of the umpire is left to the discretion of the President of the Arbitration Court. / .
7. On filing Points of Claim the claimant shall make payment in advance on account of the fee to cover the expenses of the arbitration proceedings. .
8. The party to the contract has infringed the terms of the contract. .
9. Complaints and claims may arise in connection with inferior quality, late delivery or non-delivery and in many other cases. , , .
10. The Seller holds the Buyer responsible for
11. The claimant may withdraw/abandon the claim. .
12. The dispute was settled by arbitration. .
13. In case of arbitration each party should appoint an arbitrator. .
14. An umpires decision is final and binding upon both parties. .
15. Arbitration clauses provide for all disputes and differences to be settled by arbitration held
16. The claimant submits the disputes for arbitration by filing Points of Claim with

VOCABULARY

LEAD-IN
to infringe terms -
commitment - .
dissatisfied party -
claimant synplaintiff -
party concerned -
Letter of Complaint -
to complain of/about smth - -,
claim syn reclamation - ,
to claim smth - -, -
to make a claim on/against smb for smth - - -
to claim damages claim for damages - -
due adjustment -
to refer a dispute for settlement by arbitration syn to submit a dispute - ,
the Arbitration - /
arbitrator -
to appoint an arbitrator -
panel of arbitrators - ,
umpire - ,
respondent syn defendant -
to admit a claim -
to satisfy a claim -
to waive a claim syn to decline a claim -
unjustified complaint -
to withdraw a claim syn to abandon a claim -
to hold smb responsible for smth - - -
amicable settlement -
amicably -
to agree upon an amicable settlement syn to come to an amicable settlement syn to arrive at an amicable settlement -
by mutual consent -
to entrust a case to a sole arbitrator -
to hold arbitration -
Points of Claim -
arbitration fee -
arbitration proceedings -
to file with -
security for a claim - .
ARBITRATION CLAUSE
notice of arbitration -
registered letter -
allocation of costs and expenses - .
discretion - .
     

 





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