Lead-in

III. Read and discus the lead-in and the Arbitration Clause.

CLAIMS AND COMPLAINTS

UNIT X

XII. Role play.

XI. Letters to make up.

Make up a letter from a Russian importer to a foreign company, the Seller of the goods, concerning the terms of transportation. Follow the plan:

Ø refer to the subject of negotiations;

Ø state your ideas of transporting the goods and specify the basis of delivery offered by you;

Ø inform the Seller about special packing requirements;

Ø ask for an urgent reply and don’t forget about a complimentary close.

Hold negotiations between the Buyer, a Russian company, and the Seller, a foreign company, concerning guarantee, inspection and delivery- acceptance of the equipment according to the following plan:

Ø discuss the Guarantee clause of the contract to be signed;

Ø stipulate the inspection by the Buyer’s representative of the progress of the order and the tests of the equipment;

Ø specify the documents fixing the results of the tests;

Ø specify the place of the final inspection (e.g. the works of the con­signee);

Ø stress that the results of the tests will not prejudice the Buyer’s rights under the guarantee.

I. Practice the pronunciation of the following words:

term [ ], dissatisfy [ ], claimant [ ], complaint [ ], interior [ ], insurance [ ], storage [ ], transport [ ], insufficient [ ], sure [ ], amicable [ ], withdraw [ ], dispute [ ], arbitration [ ], stipulate [ ], commerce [ ], mutual [ ], claimant [ ], proceeding [ ], association [ ].

II. Learn the following words and word combinations by heart: commitment [ ] - обязательство по контракту

claimant [ ] - истец

Letter of Complaint [ ] - рекламационное письмо

to complain of/about smth [ ] - жаловаться на что-либо

to claim smth [ ] - требовать что-либо, предъявлять претензию

the Arbitration [ ] – арбитражная комиссия/суд

umpire [ ] - суперарбитр, третейский судья

respondent [ ] - ответчик

to admit a claim [ ] - признавать претензию

to satisfy a claim [ ] - удовлетворять претензию

to waive a claim [ ] - отклонять претензию

unjustified complaint [ ] - необоснованная претензия

to withdraw a claim [ ] - отзывать претензию

Points of Claim [ ] - исковое заявление

to file with [ ] - представлять документы в …

allocation of costs and expenses [ ] - зд. распределение издержек

If often happens that one of the parties to the contract considers that the other party has infringed the terms of the contract. In such cases the dissatisfied party, (which is called a claimant), may think it necessary to send the other party a letter of complaint which often contains a claim, i.e. a demand for something to which the sender of the letter, in his opinion, has a right as, for instance, a claim for damages or for a reduction in the price etc. Complaints and claims may arise in connection with inferior quality of the goods, late delivery or non-delivery of the goods, transportation, insurance and storage of the goods and in many other cases.

The Sellers, for example, may hold the Buyers responsible for omitting to give transport instructions in time, and the Buyers may make a claim on the Sellers for damage to the goods caused by insufficient packing. To have to complain is annoying, but to complain without good reason will also annoy your correspondent. If you complain make sure you get your facts right. And if you have to answer an unjustified complaint, be polite and restrained.

Remember that complaints are not accusations; they are requests to correct mistakes. Therefore, write calmly; use an impersonal tone, clearly presenting all the relevant information.

Very often the parties (claimant and respondent) agree upon an amicable settlement of the claim in question. That means that the claim is considered, admitted and satisfied. Then, the other party withdraws or abandons the claim. If, however, an amicable settlement is not arrived at, i.e. the claim is declined, the dispute is settled by a court of law or, which is more often the case, by arbitration.

Contracts usually stipulate that in case of arbitration each party should appoint an arbitrator, and the two arbitrators have to appoint an umpire whose award is final and binding upon both parties.

When the parties refer their dispute to the Arbitration Court at the Chamber of Commerce and Industry of Russia, each party chooses its arbitrator from among the panel of the Court. These two Arbitrators appoint an Umpire. By mutual consent of the parties, the settlement of the case may, in exceptional cases, be entrusted to a sole Arbitrator.

Arbitration clauses in some contracts provide for all disputes and differences to be settled by arbitration held in a third country, while some other contracts provide for arbitration in the country of the respondent party. The claimant submits the dispute for arbitration by filing Points of Claim with the Arbitration Court. 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. Upon the request of the claimant, the President of Arbitration Court may deal with the security for the claim.

Contracts concluded in accordance with the Rules at different trade associations provide for arbitration to be held in conformity with these Rules.

Дата добавления: 2015-03-29