International trade practice, refers to the international trade practice capitalism gradually formed, with some guiding significance to the common practices or explanation. The range of international organizations, groups of international trade, as one of the trade terms, payment issues or explanation, Have some of the major ports in the international conventions, There are also different industry practices, In addition, the national judicial organs or arbitration award, the typical case or often as part of international trade practices on trade terms of international trade practices has three main, they are: the 1932 Warsaw, Oxford Rules (1932) Oxfored Warsaw - is, The U.S. Foreign Trade 1941, the definition of "(Revised in current Difinions 1941), The 1990 incoterms (International Bules Interpretation for ofTrade here).
In 1932, the rules of Warsaw, Oxford, In 1928 in Poland international association, formulate the relevant meeting in Warsaw CIF sales contract uniform rules, called the 1928 Warsaw rules, after meeting in 1932, Oxford, has been revised to Warsaw rules, entitled in 1932 - Oxford rules text Warsaw 21. This is a rule that the contract for the sale of CIF main properties and characteristics, and the specific provisions on CIF terms, sellers and responsibility of transfer of ownership such problems as the way of explanation.
Second, the foreign trade, 1941, the definition of American"
In 1919, nine of American business group has formulated The quotation for American exports and Export regulations (The U.S. Quptation Abbreviations), 1941 -- and it became, as The U.S. foreign trade, 1941, The definition of ". The revision in the same for the United States chamber of commerce, the national association of national foreign trade and importers association. Its Origin of E - were FAS, FOB and CIF quotation C&F, Dock, etc, EX - 6 kinds of term explanations. This 6 trade terms, except "origin" (Ex - the delivery ofOrigin) and "out" E - the delivery of the terminal Dock with "INCOTERMS") the Ex - polluted and Ex - roughly similar Quay, other 4 kinds of INCOTERMS "with" the corresponding explanation of trade terms are very different. The definition of "more" by the United States, Canada and some other countries with America, but due to its content and general explanation is far apart, international rarely used. In recent years, American business groups or trade organization also said that one of them up, and will try to define "by the international chamber of commerce incoterms.
Third, the 1990 incoterms
The International chamber of commerce in 1936 formulated and revised in 1953 INCOTERMS (International has about that for Interpretation of INCOTERMS) entitled ", as a kind of International Trade practice, the long-term International Trade practice, more and more widely recognized and application in International Trade, both parties signing, perform and solve the disputes in the business. "INCOTERMS" in 1953, the revised for 8 kinds of trade terms, in 1967 added two trade terms, namely "delivery" (DAF border with "after-tax delivery" (DDP), 1976 added "start shipment ground" (FOA airport delivery), In 1980 and increase "goods into the carrier" (FRC) and "freight, insurance premium attached to the destination (CIP)" (1980), to the fourth revision of existing INCOTERMS, 14 kinds of trade terms. With the development of society, the international transport and transport way of new communication tools, electronic, network and electronic data interchange system widely, EDI that international trade field also generate new changes. In order to adapt to the new changes of international trade, the international chamber of commerce to international business practices committee on international trade since 1980, after the new changes in November 1989 through "incoterms revision of the new version, and in April 1990, called the 1990 incoterms (international chamber of commerce publication no. 46), first in 1990, July 1st, thirteen species of trade terms. Although international trade practices in solving trade disputes plays a certain role, but should notice the following questions:
First, international trade practice, therefore, is not the law of buyers and sellers can be used without binding, also can use;
Second, if both parties in the contract expressly adopted some practices, it is customary for sale by binding upon both parties,
Third, if clearly in the contract by some practices, but also in the stipulated in the contract and the practice of conflict, as long as these terms and their legal conflicts, the law of the country will be concerned the recognition and protection, namely to the terms of the contract shall prevail.
Fourth, if the contract is not a problem to make clear, nor by a specified, when dispute into litigation or arbitration, the court and the arbitration institution can be cited as a judgement or ruling practice. In the import and export business, we should understand and master some practices of international trade, trade negotiation, contract for performance of the contract, and settle disputes, etc are necessary. Of course, we can disputes by quoting the proper practice, The reasonable arguments against each other, we can avoid strong word, the influence of the controversial argued successfully solve or adverse impact. Special attention should be paid in the import and export business is: when we quoted practices must be verse, lest cause passive. |