There are many business links and parties involved in international trade, which is prone to disputes and disputes. Resolving disputes is a kind of protection and relief afterwards. The result of the solution is related to the realization of trading benefits and the bearing of losses, so choosing an incorrect solution will get twice the result with half the effort. Different solutions have different effects on both sides because of their different compulsory procedures and results. We should choose a solution with low cost, high efficiency and good effect according to the specific situation. In practice, there are usually four ways: (1) friendly negotiation, that is, in a friendly atmosphere and in the spirit of mutual understanding and accommodation, both parties to the dispute clarify right and wrong, eliminate differences and resolve disputes, so as to achieve the purpose of continuing friendly cooperation. (2) Mediation means that the parties refer the dispute to a third party for mediation, so as to urge both parties to reach a settlement agreement. The advantage is that the third party plays a buffering role, prevents conflicts from intensifying, and can give the parties more room for manoeuvre. (3) arbitration. (4) litigation. Agreements reached in the first two ways cannot be applied for enforcement. The latter two dispute settlement methods must be carried out according to legal procedures, and the ruling is mandatory.

The learning requirements of this chapter are: 1. Understand the methods to solve international commercial disputes;

2. Master the concept and characteristics of international commercial arbitration and the basic contents of arbitration agreement;

3. Understand the differences and functions between arbitration and litigation;

4. Understand the institutions and procedures of commercial arbitration;

5. Understand the principles of jurisdiction over foreign-related litigation cases in China.

Knowledge structure

practical application

1. Try to draft an arbitration agreement based on a case.

2. Try to draft an arbitration application according to a case.

3. Organize students to visit the local arbitration commission and ask the staff to introduce the work of the arbitration commission.

4. Organize mock trials to hear international civil cases.