A Chinese trading company （the Buyer) entered a co...

A Chinese trading company (the Buyer) entered a contract with a Japanese manufacturer (the Seller) of precision machinery and testing equipment for purchasing 15 sets of production lines. The total value of the contract is 400,000 US dollars. Price terms: CFR Shanghai; Time of shipment: the end of September 2017; Payment terms: Buyer opens an irrevocable negotiable letter of credit in full amount two months prior to the date of shipment. In the sales contract, the place of arbitration is China. On July 29, 2017, the buyer opened a letter of credit through a bank in favour of the seller and no deposit was made. The seller, on September 8, shipped the production lines, and negotiated the payment to the negotiating bank. On September 19, the 15 sets of production lines arrived at the port of destination – Shanghai. The regional commodity inspection authority inspected the production lines. The inspection report issued by the authority showed that: 4 out of 15 sets of the production lines are not in conformity with the quality terms stipulated in the sales contract. These 4 sets of production lines cannot be used to manufacture standard-conforming products at all. The buyer insisted that the 15 sets of production lines should be used together. Since 4 sets of the production lines were of no use, the remaining 11 sets of qualified production lines should be rejected as well. Therefore, on September 29, 2017, the buyer sent a memo to the Japanese manufacturer, which requested that all 15 sets of production lines should be sent back to Japan. However, the Japanese seller neither signed the memo nor replied to the Chinese buyer’s request. The buyer finally brought the case to the CIETAC, the arbitration institution specified in the sales contract. The demands of the buyer were: 1). Return the 15 sets of the production lines. The seller should fully refund the payment and bear the costs and expenses associated with the return. 2). The buyer signed a contract with another Chinese company for renting out all 15 sets of the production lines. Because the 4 sets of faulty production lines, the buyer had already paid compensation of 15,000 US dollars to the leasing Chinese company. The buyer demanded that the seller should bear the loss and pay the buyer 15,000 US dollars. Questions: 1. Other than the discrepancy and claim clauses, what kind of clause regarding dispute resolution should be included in the sales contract of this case? (1’) Why? (1’) 2. What could be the arbitration awards the arbitration court gives in terms of the demands of the buyer? (1’+1’) Give your answers for the following subjects a. Return of 15 sets of production lines b. economic loss to the Chinese buyer which rented out the equipment 3. Since the Japanese manufacturer did not sign the memo and respond to the Chinese buyer, could the buyer bring the case to a court in China and sue the Japanese seller for damage and loss first before arbitration? Why? (2’+2’) After the arbitration award was made, if the Japanese manufacturer refused to honour the award, what could the Chinese buyer do? (2’) Total 10 points

On April 15, 2010, a Chinese company A signed a CFR sales contract with an Egyptian company B to sell 20,000 metric tons of fertilizer to Company B. The letter of credit issued by Company B specifies that the date of shipment is from June 1, 2010 to June 10, 2010. But the port of loading in China was hit by typhoon and all loading and unloading operations at the port were seriously disrupted, the cargo of fertilizer was actually loaded onto the vessel until June 22, 2010. Company A issued a letter of indemnity to the carrier and requested the carrier to issue an on-board bill of lading that complies with the requirement of the letter of credit. The carrier issued such an on-board bill of lading. Company B took the WPA insurance policy of CIC for the cargo. The cargo ship carrying the 20,000 metric tons of fertilizer departed from the port of loading on June 24, 2010. En route to Egypt, the cargo ship caught fire and a proportion of the fertilizer was destroyed by the fire. The master of the ship ordered sea water being pumped into the cargo hold to put out fire for the purpose of saving the ship and all cargos. Finally, the fire was put out but more fertilizer was damaged by sea water during the fire fight. After the incident, the ship continued its journey to the Egyptian port with the remaining fertilizer. When the ship arrived at the Egyptian port of destination, it was behind the schedule by 15 days. As the market situation for fertilizers changed, the current market price of fertilizer was 20 per cent lower than the price half month ago. Company B had to resell the remaining fertilizer at the current market price and suffered significant loss. Questions: Based on this case, please answer the following questions. 1). What type of loss is the loss of the fertilizer being destroyed by fire? 5 points Who should bear the loss? 5 points Why? 5 points 2). What type of loss is the loss of the proportion of fertilizer being damaged by sea water during the fire fight? 5 points Who should bear the loss? 5 points Why? 5 points 3). Whether the Egyptian importer, Company B can claim damages from the carrier and the seller Company A for the loss caused by the falling price of the fertilizer? 5 points Why? 5 points

On April 15, 2019, a Chinese company A signed a CFR sales contract with an Egyptian company B to sell 20,000 metric tons of fertilizer（肥料） to Company B. The cargo ship carrying the 20,000 metric tons of fertilizer departed from the port of loading on June 24, 2019. During the voyage to Egypt, the cargo ship caught fire and a proportion of the fertilizer was destroyed by the fire. The master of the ship ordered sea water being pumped into the cargo hold to put out fire for the purpose of saving the ship and all cargos. Finally, the fire was put out but more fertilizer was damaged by sea water during the fire fight. After the incident, the ship continued its journey to the Egypt port with the remaining fertilizer. Questions:Based on this case, please answer the following questions. 1) What is the nature of the loss of the fertilizer being destroyed by fire? Who should bear the loss? why? (3 points) 2) What is the nature of the loss of the proportion of fertilizer being damaged by sea water during the fire fight? Who should bear the loss? Why? (4 points) 3) Who will effect the insurance? What the least coverage should be covered if the losses can be compensated by the insurance company? Why? (3 points)

On 15th May, 2010, a Chinese company offered to a French company, “sell 10000 Qing Yan Brand bicycles, Article No.171069, FOB Shanghai USD 100 per set, shipment during July, 2010. Subject reply here on or before 20th May, 2010. ...... ”. On 17th May, 2010, the French company replied by FAX, “ we accept your offer dated 15th May, 2010, but at the price of FOB Shanghai USD 80 per set, shipment during October, 2010.” The Chinese company hadn’t replied to the French company and sold their bicycles to another foreign company. However, on 19th May, 2010, the French company replied by FAX again, “ we completely accept your offer dated 15th May, 2010.” The Chinese company replied to the French company at once by FAX, “we have sold the bicycles to others. We will offer you in the future as possible as we can.” But the French company thought that the contract has been concluded and required the Chinese company to ship the bicycles during July, 2010 at Shanghai port. According to CISG, do you think the above two companies have concluded a contract? (达成/没达成) (注意:答题时请直接根据题目后面的可选项目进行选择，不用说明理由，否则机器可能不会识别)

A Chinese company has borrowed a USD500,000 loan from an overseas bank. Interest on the loan is accrued and paid annually at the rate of 12% per annum. The relevant business tax rate is 5% and neither surcharges nor treaty relief apply.

What is the amount of enterprise income tax (EIT) the Chinese borrower needs to withhold from the annual interest paid to the overseas bank?

A.USD6,000

B.USD15,000

C.USD5,700

D.USD14,250

I am Lee, a Chinese student studying in the US. Last week while I was getting on a bus I dropped one of my packages and a young man who was also getting on the bus picked it up for me. He seemed nice, so I chatted with him a bit. He said his name is Sam , he was 18 years old and has always lived in this town. His family also lives in town, but he lives alone in a small apartment. He just graduated from high school this year and is now a student at the local university. I asked where he was going, and he said that he was going to work-he has an evening job at a restaurant to make money to pay for university. He said that he doesn’t want to live with his family or ask them for money. I don’t understand why American young people leave home when them reach 18. Is this true for most Americans?

Case(南京大学1996年研) On November 10，1990，A(a Chinese foreign trade company，the seller)and B(an Americall company，the buyer)reached an agreement in terms of price，quantity，quality，payment and shipment of certain product by exchange of fax between them．Tow da

What is the main issue in this case？

A Chinese company cabled to an Italian trader on March 1, offering 1000 metric tons agricultural products to be packed in sound gunny bags. After receiving the cable, the Italian trader replied: "Accepted, shipment in new gunny bags". Upon receipt of the reply, the Chinese company set about preparing the goods and was prepared to ship the goods in June. Several weeks later, the price of the agricultural products went down heavily. When the Chinese company urged the L/C, the Italian trader claimed: "there is no contract between us because you didn't confirm the new gunny bag packing. " But the Chinese company insists on conclusion of the business. Disputes arose between two parties .

  Question: How to deal with the disputes?

  (Translate the case into Chinese and then answer the question)

  Helpful hint: The case is mainly about counter-offer and acceptance.

case(南京大学1996年研) On July 1 0，a Chinese company sent an offer by telex to an American company：selling 300tons coffee beans，each metric ton at the price of USD 1，900 CIF New York，firm offer standing for 2 weeks．On July 22，the Chinese company learned that

Can the Chinese company raise the price of coffee beans from USD 1，900 per ton toUSD 2，500 per ton?

SECTION A CHINESE TO ENGLISH

Directions: Translate the following text into English.

奥林匹克运动会可以追溯到古代。希腊人喜欢各种运动，因为运动能使身体强健。他们每四年举行一次运动会，成千上万的人聚集在广阔的平原上，欣赏来自希腊各地的成人和儿童的竞技。运动项目有赛跑、摔跤，赛马，战车比赛等等。有成人的比赛项目，也有儿童的比赛项目。

在大部分比赛中，成人和儿童都穿得很少或者不穿衣服，却在身上涂油。奖品是用野生橄榄树叶做成的花冠。谁只要能戴上一只花冠。那就是无上的光荣。