外贸口语一点通第122期:争议仲裁之诉诸仲裁
Resort to arbitration 诉诸仲裁
A: Last May we bought 500 tons of red beans fromyou, but there was a shortage of 30 tons. Accordingto what you requested, we supplied all thedocuments necessary, but the problem has not beensettled yet. It's still pending.
去年五月，我方从您处购买500吨红小豆，竟然短重30吨。按照贵方要求，我们提供了所有必要的单据，但是问题至今也没有解决。
B: You said you had two problems to clarify withus. What's next?
您说有两个问题要澄清，下一个问题是什么?
A: We also concluded a transaction of mung beans as the second lot. The goods should havereached us last June. The shipping date has been delayed several times. As far as I know, thisshipement has not been effected. Now the marked price for mung beans has fallen sharply andour buyer has changed his mind. He doesn't want the consignment.
我们还成交了一笔绿小豆，作为第2批货。货应与去年6月份运抵我处。船期一拖再拖。据我所知，至今尚未发货。绿小豆市场价格急剧下跌，我们的买主改变了主意，他不想要这批货了。
B: Well, Mr. King. First, I'd like to point out that the shortage you allege is not a real shortage.The loss you sustained could only be the loss resulting from empty space. I think you stillremember that more or less allowance stipulated in the contrast could be as much as 5%. Soin fact we're only 5 tons short. As for the second delay, I'd like you to recall what you havedone about the L/C establishment. We urged you several times to open the L/C, but yousimply ignored us. We had no other choice but to set the beans at a much lower price. We'llhave to ask you to pay for our damages.
好，金先生。首先，我得指出，您所谓的短重不是真正意义的短重。你们所受的损失只是由于空仓所致。我想您还记得合同规定的溢短装数量吧，可以高达5%。所以我们实际上只短装了5吨。关于延期发运第二批货的问题，我希望您能自己会想一下贵方是如何对待开信用证的。我方曾多次催促贵方开证，可贵方置若罔闻。我方没有别的选择，只好降货低价售出。我们得要求贵方赔偿损失。
A: But we've had the L/C opened at last.
我们最终还是开证了。
B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is nowinvalid. To effect the delivery is out of the question. You're breached the contract and allsubsequent actions will be invalid.
的确是开了，但问题是贵方早已过了规定的开证日期，已经失效了。发货是不可能的了。你们首先违约，以后所有的行为均为无效。
A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?
我们违约，贵方短缺货物，这两件事相互抵消怎么样?
B: It's ridiculous to mix up these two cases. If you are not sincere in handling these problems,we'll have to submit them for arbitration.
把这两件事混为一谈，太荒谬了。如果您没有诚意解决问题，我们只好去冲裁。
A: If you insist, I've no other way out.
如果你们坚持这么做，恐怕我也没有办法了。
A: Last May we bought 500 tons of red beans fromyou, but there was a shortage of 30 tons. Accordingto what you requested, we supplied all thedocuments necessary, but the problem has not beensettled yet. It's still pending.
去年五月，我方从您处购买500吨红小豆，竟然短重30吨。按照贵方要求，我们提供了所有必要的单据，但是问题至今也没有解决。
B: You said you had two problems to clarify withus. What's next?
您说有两个问题要澄清，下一个问题是什么?
A: We also concluded a transaction of mung beans as the second lot. The goods should havereached us last June. The shipping date has been delayed several times. As far as I know, thisshipement has not been effected. Now the marked price for mung beans has fallen sharply andour buyer has changed his mind. He doesn't want the consignment.
我们还成交了一笔绿小豆，作为第2批货。货应与去年6月份运抵我处。船期一拖再拖。据我所知，至今尚未发货。绿小豆市场价格急剧下跌，我们的买主改变了主意，他不想要这批货了。
B: Well, Mr. King. First, I'd like to point out that the shortage you allege is not a real shortage.The loss you sustained could only be the loss resulting from empty space. I think you stillremember that more or less allowance stipulated in the contrast could be as much as 5%. Soin fact we're only 5 tons short. As for the second delay, I'd like you to recall what you havedone about the L/C establishment. We urged you several times to open the L/C, but yousimply ignored us. We had no other choice but to set the beans at a much lower price. We'llhave to ask you to pay for our damages.
好，金先生。首先，我得指出，您所谓的短重不是真正意义的短重。你们所受的损失只是由于空仓所致。我想您还记得合同规定的溢短装数量吧，可以高达5%。所以我们实际上只短装了5吨。关于延期发运第二批货的问题，我希望您能自己会想一下贵方是如何对待开信用证的。我方曾多次催促贵方开证，可贵方置若罔闻。我方没有别的选择，只好降货低价售出。我们得要求贵方赔偿损失。
A: But we've had the L/C opened at last.
我们最终还是开证了。
B: Indeed you have, but the L/C you opened has gone far beyond the accepted time. It is nowinvalid. To effect the delivery is out of the question. You're breached the contract and allsubsequent actions will be invalid.
的确是开了，但问题是贵方早已过了规定的开证日期，已经失效了。发货是不可能的了。你们首先违约，以后所有的行为均为无效。
A: Our dishonoring this contract and your shortage in quantity cancel each other. Don't they?
我们违约，贵方短缺货物，这两件事相互抵消怎么样?
B: It's ridiculous to mix up these two cases. If you are not sincere in handling these problems,we'll have to submit them for arbitration.
把这两件事混为一谈，太荒谬了。如果您没有诚意解决问题，我们只好去冲裁。
A: If you insist, I've no other way out.
如果你们坚持这么做，恐怕我也没有办法了。
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