- •1. Skim the joke and express your opinion.
- •Section b Reading and speaking
- •2. Discuss statements and quotations of well-known people. Do you agree to them or not. Express your own vision of this problem:
- •3. Read the text and decide whether these statements are true (t) or false (f).
- •Introduction to the litigation, arbitration and mediation
- •4. Learn the following words and expressions:
- •5. Read and translate the text: Text b
- •6. Work in pairs.
- •Section c Language study
- •Vocabulary
- •7. Match the English words with their Ukrainian equivalents:
- •8. Match the words with their definition:
- •13. Find the right definition:
- •14. Complete the following text about arbitration with the words from the box.
- •15. Translate the sentences into English and compare them with the text.
- •Section d Listening
- •14. You are going to hear the text about “Bankruptcy”.
- •Listening
- •Section e Scanning reading
- •18. Skim the text and give the main idea of it.
- •Types of commercial arbitration
- •Scanning reading
- •19. Scan the text in order to find answers to the following questions as quickly as possible.
- •Mediation in different countries
- •Section f Test
- •1. Skim the jokes and express your opinion.
- •Section b Reading and speaking
- •2. Discuss statements and quotations of well-known people. Do you agree to them or not. Express your own vision of this problem:
- •It is difficult to imagine going very long before making some kind of agreement enforceable by law. Whenever we buy goods and services, we enter into a contractual relationship.
- •4. Learn the following words and expressions:
- •5. Read and translate the text. Contract Law
- •Language study
- •7. Do your best to understand the meaning of the terms "transaction", "contract Law" and others. Match each term on the left with an explanation on the right.
- •8. Complete these sentences using the words in the box.
- •13. Translate the sentences into English
- •Section d Listening
- •14. You are going to hear the text about Uniform Commercial Code.
- •Listening
- •Section e Skimming reading
- •15. The text given below deals with the contract. Skim the text and answer to the following questions.
- •Contract
- •16. There are many different kinds of contract for different situations. Look at the following paragraphs, and decide what kind of contract is being described or talked about.
- •Scanning reading
- •17. Scan the text "United Nations Convention on Contracts for the International Sale of Goods” in order to find the translation of the following sentences as quickly as possible.
- •Section f Test
- •Bankruptcy
4. Learn the following words and expressions:
acknowledgment |
визнання |
to apply |
застосовувати |
commercial enterprise |
комерційне підприємство |
international associations |
міжнародні товариства |
legal entity |
суб’єкт права |
participants |
учасники |
to regard |
брати до уваги, стосуватися, мати відношення |
arbitration tribunal |
третейський суд |
irrespective |
безвідносний |
to entrust |
довіряти, доручати |
claim |
позов |
counter-claim |
зустрічний позов |
acquisition |
надбання, здобуток |
to deviate |
відхилятися, ухилятися |
court interference |
втручання суду |
5. Read and translate the text: Text b
The Law of Ukraine «On international commercial arbitration"
The present Law proceeds from the acknowledgment of usefulness of arbitration as a means which is widely used to settle disputes which arise in the sphere of international trade, and the need to regulate the international commercial arbitration on a legal basis. This law takes due account of provisions on such arbitration which are in international treaties of Ukraine as well as of the model act adopted in 1985 by the UN commission on international trade law and approved by the UN General Assembly for possible use by states in their legislation.
Section 1. General provisions.
Article 1. Sphere of application.
The present Law shall be applied to international arbitration in case the arbitration is located on the territory of Ukraine. The provisions stipulated by articles 8, 9, 35 and 36 of the present Law shall also be applied in those cases when the arbitration is located abroad.
The following disputes shall be referred to international commercial arbitration, under the agreement of the parties disputes on contractual and other civil and legal relations which arise in the process of maintaining foreign trade and other international economic contacts when a commercial enterprise of at least one party concerned is located abroad and also disputes of enterprises with foreign investments and international associations and organizations created on the territory of Ukraine, with one another, disputes among their participants and their disputes with other legal entities of Ukraine.
For the purposes of item 2 of this Article, in case:
the party has more than one commercial enterprise, the one which has the closest relation to the arbitration agreement shall be regarded;
the party has no commercial enterprise, its constant place of residence shall be taken into account.
The present Law shall not affect any other Law of Ukraine on the strength of which certain disputes cannot be referred to arbitration or can be referred to arbitration only in keeping with provisions other than those stipulated by the present Law.
5. If the international agreement of Ukraine establishes other rules than those stipulated by the present Law on arbitration, the rules of the international agreement shall be applied.
Article 2. Definition of terms and rules for their interpretation.
For the purposes of this Law:
arbitration - any arbitration tribunal irrespective of the fact whether it is created to settle a certain dispute or is administered on a permanent basis by an arbitration establishment, in particular by the International Commercial Arbitration Court or the Sea Arbitration Commission under the Chamber of Commerce and Industry of Ukraine;
«the court of arbitration» - one arbitrator or arbitration board;
«court» - a relevant body of the judicial system of the state;
the term «commercial» shall be interpreted loosely and includes those issues which arise from all kinds of trade relations - both contractual and not. Trade relations include the following agreements but are not limited by them; all kinds of trade agreements on shipment of goods or rendering services or exchanges of goods or services; agreements on the distribution, trade representations factoring operations; leasing; engineering; construction of industrial objects; rendering of consultation services; purchase and sale licenses; investments; financing; banking services; insurance; agreements on exploitation and concessions; joint ventures and other forms of industrial or business cooperation; transportation of goods and passengers by air, sea, railroad or by road;
when any provisions of the present Law, with the exception of Article 28, gives to the parties a possibility to adopt decisions on certain issues, the parties can entrust the adoption of this decision to any third party, including establishments;
if any provision of the present Law contains preference to the fact that the parties have agreed or can agree or in any other form suggest a reference on the parties’ agreement, such an agreement shall include any arbitration regulations stipulated in this agreement;
when any provision of the present Law, with the exception of Paragraph 1 of Article 25 and item 2 of Article 32, contains a reference to a claim, it shall be applied also to a counter-claim and when it contains a reference to objection it shall be applied also to objection to such a counter-claim.
Article 3. Acquisition of a written notice.
1. If the parties haven't agreed otherwise:
any written notice is regarded as obtained if it is delivered to an address in person or at the address of its commercial enterprise, at the address of his permanent residence or at his mail address; when the latter cannot be determined after making reasonable inquires, a written notice is regarded as obtained if it has been sent to the latest known address of the commercial enterprise,permanent place of residence or at the mail address by a registered letter or by any other means which stipulates registration of an attempt to deliver this notice;
a notice is regarded as received on the day of its delivery.
2. Provisions of this article shall not be applied to notices in the course of trials.
Article 4. Renunciation of the right to objection.
The party which knows that any provisions of the present Law have been deviated from or any requirement of the arbitration agreement has not been fulfilled but still continue to take part in the arbitration tribunal without making a protest against such non-fulfillment with no justified delay and when a certain term is stipulated for this, then within this term, the party has renounced its right for objection.
Article 5. Bounds of court interference.
On issues which are regulated by the present Law no court interference shall take place, with the exception of cases when it is stipulated by the present Law.
Article 6. Bodies for fulfillment certain functions of promotion and control of arbitration.
The functions listed in items 3 and 4 of Article 11, item 3 of Article 13, Article 14 shall be fulfilled by the president of the Chamber of Commerce and Industry of Ukraine.
The functions listed in item 3 of Article 16 and item 2 of Article 34 shall be fulfilled by regional, city (the cities of Kyiv and Sevastopol) courts, by the Supreme Court of the Republic of Crimea at the place of the arbitration location.
