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國際貿易仲裁
國際貿易總裁牽涉到國與國的
契約,聯合
國和地約國家組國家的公約。許多公約規定了仲裁的機制和程序。通常,仲裁機構有國家性的,地區區域性的和國際性的。
我們在此立出國際上主要的國
與國,區域
和國際性的公約和世界上主要的仲裁機構。如果你想得到有關仲裁機構的詳細材料的話,請進入相關的網站,如果你有什麼疑問的話,歡迎和我們聯繫。
國際和區域公約
United
Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards of 1958 (New York Convention)聯合國1958認可和執行他國仲裁公約
330 U.N.T.S. 3, 21 U.S.T. 2517, TIAS 6997 (June 10, 1958)
See
UNCITRAL - Status of Conventions and Model Laws for a list of
signatories.
Claims
Settlement Declaration (Iran-United States Claims Tribunal)
Established the Iran-United States Claims Tribunal. Also known as part
of the Algiers Declaration. 75 AJIL 422, 20 ILM 230 (1981)
General
Declaration (Iran-United States Claims Tribunal)
General Declaration records the central commitments to resolve the
crisis in relations between the Islamic Republic of Iran and the United
States of America. (January 19, 1981) Also known as part of the Algiers
Declaration. 75 AJIL 418, 20 ILM 224 (1981)
Convention
on the Settlement of Investment Disputes Between States and Nationals
of Other States (Washington Convention)
575 U.N.T.S. 159, 17 U.S. T. 1270, TIAS 6090 (March 18, 1965).
Established the International Centre for the Settlement of Investment
Disputes (ICSID).
Convention
Establishing the Multilateral Investment Guarantee Agency
24 ILM 1605, October 11, 1985
Inter
American Convention on International Commercial Arbitration (Panama
Convention)泛美國際貿易仲裁公約(巴拿馬公約)
Organization of American States, Treaty Series, no. 42. Adopted January
30, 1975, entered into force June 16, 1976.
Inter
American Convention of Extraterritorial Validity of Foreign Judgements
and Arbitral Awards (Montevideo Convention)
Organization of American States, Treaty Series, no. 51. Adopted August
5, 1979, entered into force June 14, 1980.
Arab
Convention on Commercial Arbitration(阿拉伯貿易仲裁公約)
Signed April 14, 1987. Entered into force June 25, 1992. Deposited with
the Secretary General of the League of Arab States.
Convention for
the Pacific Settlement of International Disputes (泛太平洋國際爭端仲裁公約)
Adopted July 29, 1899. Replaced by convention of Oct. 18, 1907 as
between contracting parties to the later convention.
Convention for
the Pacific Settlement of International Disputes
Adopted October 18, 1907.
European Convention on
International Commercial Arbitration (歐洲國際貿易仲裁公約)
484 U.N.T.S. 364 (April 21, 1961)
Agreement relating
to application of the European Convention on International Commercial
Arbitration
523 U.N.T.S. 93, CETS No. 042 (Dec. 17, 1962)
European
Convention Providing a Uniform Law on Arbitration
CETS No. 056, opened to signature January 1, 1966; has not entered into
force.
Convention
on the Execution of Foreign Arbitral Awards
http://www.jurisint.org/pub/01/en/doc/151_1.htm
92 LNTS 301. Signed September 26, 1927. Entered into force July 25,
1929.
Geneva
Protocol on Arbitration Clauses (日內瓦仲裁條款公約)
27 LNTS 157. Signed September 24, 1923. Entered into force July 28,
1924.
Organisation
pour l'Harmonisation du Droit des Affaires en Afrique (OHADA)
Treaty on the Harmonization of Business Law in Africa. Title IV
concerns arbitration.
Provided by Juris International.
Convention on the
Settlement by Arbitration of Civil Law Disputes Resulting from
Relations of Economic and Scientific Technical Cooperation (Moscow
Convention)
Signed May 26, 1972.
United
Nations Convention on Contracts for the International Sale of Goods
(CISG) (聯合國國際貿易合同糾紛仲裁公約)
Signed in Vienna in 1980. The CISG established a comprehensive code of
legal rules governing the formation of contracts for the international
sale of goods, including remedies for breach of contract.
1489 UNTS 3, concluded April 10, 1980 and entered into force on January
1, 1988.
World
Trade Organization (WTO) (世界貿易組織)
The General Agreement on Tariffs and Trade (GATT) came into being in
1948 as a multilateral instrument to promote trade. In 1993, the
Uruguay Round of GATT established the World Trade Organization as an
international organization. The WTO deals with the rules of trade
between nations and supports the multilateral trading system through
the WTO agreements.
雙方公約
International
Centre for Settlement of Investment Disputes
Bilateral investment treaties (BIT) listed chronologically and by
country. Includes list of parties but no treaty texts. Includes
bibliography of books, studies and journal articles.
Investment Agreements
in the Western Hemisphere: A Compendium
Includes texts of 58 bilateral investment treaties signed by countries
in the Western Hemisphere.
US
Bilateral Investment Treaties
Texts of bilateral investment treaties signed by the United States.
From the Trade Compliance Center (TCC), International Trade
Administration.
Bilateral
Investment Treaties, 1959-1999 (Internet Edition)
New York and Geneva: United Nations, 2000.
Published by United Nations Conference on Trade and Development
(UNCTAD), UNCTAD/ITE/IIA/2. A list of bilateral investment treaties
signed by the end of 1999.
世界主要仲裁機構
- The
Commercial Arbitration and Mediation Center for the Americas
(泛美貿易仲裁和調解中心) (CAMCA)
- CAMCA is
designed to provide commercial parties involved in the free trade area
of NAFTA with an international forum for the resolution of private
commercial disputes.
- European Court of
Arbitration (歐洲仲裁庭)
- The
European Court of Arbitration is a private institution with its chief
seat in Strasbourg and national and local departments throughout Europe.
-
- The
Inter-American Commercial Arbitration Commission (IACAC)
- The
IACAC established and administers a system for settlement, by
arbitration or conciliation, of international commercial disputes in
the Western Hemisphere.
- International Centre
for the Settlement of Investment Disputes (國際投資糾紛調解中心)
- Pursuant
to the Convention on the Settlement of Investment Disputes between
States and Nationals of Other States (1966), ICSID provides facilities
for the conciliation and arbitration of disputes between sovereign
member countries and their official subdivisions and investors who
qualify as nationals of other member countries.
- International Court of
Arbitration, International Chamber of Commerce (國際商務會,國際仲裁庭) (ICC)
- An
international arbitral institution composed of members around the world.
- Permanent Court of Arbitration (海牙永久仲裁庭)
(The
Hague)
- The
Permanent Court of Arbitration (PCA) is an international organization
providing services for resolving disputes between States, including
disputes between States and private parties and those involving
intergovernmental organizations. The PCA site contains information
about its services, model clauses, and rules. The parties to the 1899
and/or 1907 Conventions for the Pacific Settlement of International
Disputes comprise the members of the Permanent Court of Arbitration.
主要國家的仲裁機構
Australia. Australian Centre for
International Commercial Arbitration
Australia. Institute of Arbitrators and
Mediators Australia (IAMA)
Austria.
International Arbitral Centre of the Austrian Federal Economic Chamber
(Vienna International Arbitral Centre)
Belgium. Belgian
Centre for Arbitration and Mediation (CEPANI)
Bulgaria.
Arbitration Court at the Bulgarian Chamber of Commerce and Industry
Canada. British Columbia
International Commercial Arbitration Centre
Canada. Canadian
Commercial Arbitration Centre (加拿大商務貿易仲裁中心)
Chile.
Santiago Arbitration and Mediation Center
China
International Economic and Trade Arbitration Commission (中國國際經濟和貿易仲裁署)
Croatia.
Permanent Arbitration Court at the Croatian Chamber of Commerce
Czech Republic.
Arbitration Court Attached to the Economic Chamber of the Czech Republic
Egypt. Cairo
Regional Centre for International Commercial Arbitration (CRCICA)
Estonian Chamber of
Commerce and Industry
France.
Arbitration Chamber of Paris
France. Centre de M閐iation et
d'Arbitrage de Paris
German Institution of
Arbitration - Deutsche Institution - Schiedsgerichtsbarkeit (德國仲裁院)
Hong Kong International
Arbitration Centre (香港國際仲裁中心)
India. Indian Council of
Arbitration (ICA)
Indonesian National Board of
Arbitration
Iran-United
States Claims Tribunal
Italy.
Chamber of National and International Arbitration of Milan
Japan Commercial
Arbitration Association (日本商務貿易仲裁協會)
Korean Commercial Arbitration
Board (韓國商務貿易仲裁署)
Malaysia. Kuala Lumpur
Regional Centre for Arbitration
Mexico - Centro de
Arbitraje de M閤ico
Netherlands Arbitration Institute
Poland. Court of
Arbitration at the Polish Chamber of Commerce
Portugal.
Centre for Commercial Arbitration, Lisbon Trade Association, Portuguese
Chamber of Commerce
Romania.
Court of International Commercial Arbitration Attached to the Chamber
of Commerce and Industry of Romania and Bucharest
Russia.
St. Petersburg International Commercial International Arbitration Court
Singapore International Arbitration
Centre (新加坡國際仲裁中心)
Southern Africa.
Arbitration Foundation of Southern Africa
Sweden.
Arbitration Institute of the Stockholm Chamber of Commerce
(瑞典斯得哥爾莫商務仲裁院)
Switzerland. Swiss
Chambers? Arbitration
Tunisia.
Center for Conciliation and Arbitration of Tunis
United Kingdom. London
Court of International Arbitration (英國倫敦國際仲裁庭)
United Kingdom. Chartered
Institute of Arbitrators
United States. Chicago
International Dispute Resolution Association (CIDRA) (美國芝加哥國際糾紛調解協會)
United
States. International Centre for Dispute Resolution (ICDR) (美國國際糾紛調解中心)
The ICDR is the international division of the American
Arbitration Association (AAA) charged with the exclusive administration
of the AAA抯 international matters
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