外贸英语函电(第六版,兰天编著)ChapterTwelve剖析.ppt

Chapter TwelveComplaints and Claims Complaint may happen under the following circumstances国际贸易业务中投诉可能发生在下面这些情况中:a. complaint of difference between goods delivered and goods ordered, b. complaint of inferior quality orc. complaint of missing or shortage from the delivery, ord. complaint of delay, ore. complaint of bad packing It is almost a truism to state that arbitration 仲裁 is better than litigation诉讼, conciliation 调解 better than arbitration, and prevention of legal disputes better than conciliation. 国际贸易业务术语ArbitrationUpon mutual agreement between the two parties concerned, a dispute may be solved by the impartial decision of a third party. This is called arbitration, which has two characteristics:1.An agreement must be reached between the two parties on solving the dispute through arbitration.2.The ruling of arbitration is in general final. That is , the arbitrator to whom the two parties have agreed to resort shall make the final award. The interested parties cannot refuse the ruling or appeal to the court (unless they can prove with facts that the arbitration is against the law or the arbitrator has acted unfairly). 国际贸易业务术语 ConciliationUpon agreement between the parties involved in a dispute, a third party may be invited to interfere. The difference between conciliation and arbitration is that the award of arbitration is final and compulsory whereas opinions of the conciliator are only for the reference of the two sides, and not compulsory. 国际贸易业务术语LitigationOne of the parties concerned may refer a dispute to the court which will make a judgment according to the law. This is what people call “going through the court’. the difference of litigation from arbitration is that the plaintiff/complainant 原告/申述人 may take unilateral action without agreement between the two parties in advance. Letter One短语：blame sb for sth…/blame for(因某事而)责怪某人blame sth on sb /blame on把 ... 推在某人身上She blamed him for the failure of