1、商务合同翻译 3Useful Expressions要点1. 合同的订立及背景2. 合同争议的解决办法3. 不可抗力条款4. 合同的文字及效力合同的订立及背景 （合同）由 订立、缔结、签署、签订 The contract is made / made and concluded / made out / made and entered into / signed by and between 合同的订立及背景 The contract is valid by the signature of two parties as follows: （本合同由下列双方签署） Buyers: Regis
2、ter No. Legal person: Legal address: Contact address: （通讯地址） P.O.code: Bank: A/C No.: Taxpayer register No.: Contact person: Tel: Fax: E-mail box: Sellers:合同的订立及背景 (Party A) wishes to engage the service of (Party B) as _. The two parties, in a spirit of friendly cooperation, agree to sign this contr
3、act and pledge to fulfill conscientiously all the obligations stipulated in it. （甲方）欲聘请（乙方）为 _。双方本着友好合作的精神，自愿签订本合同并保证认真履行合同中约定的各项义务。合同的订立及背景 Contract No: Date: The Buyer: The Seller: The Contract, made out, in Chinese and English, both version being equally authentic, by and between the Seller and t
4、he Buyer whereby the Seller agrees to sell and the Buyer agrees to buy the undermentioned goods subject to terms and conditions set forth hereinafter as follow: 本合同由买卖双方缔结，用中、英文字写成，两种文字具有同等效力，按照下述条款，卖方同意销售买方同意购买以下商品合同的订立及背景 The Contract is made and entered into through friendly negotiation by and be
5、tween China _ Corporation, a corporation organized and existing under the laws of the Peoples Republic of China (hereinafter referred to as “the Buyer”), as one party and _, a corporation organized and existing under the laws of _ (hereinafter referred to as “the Seller”), as the other party, under
6、the following terms and conditions: 中国 _公司（根据中华人民共和国法律成立注册的公司，以下简称买方）为一方，与 _公司（根据 _国法律成立注册的公司，以下简称卖方）为另一方，双方通过友好协商同意就下列条款签订本合同。合同的订立及背景 The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated below: 买卖双方同意按照下列条款签订本合同：合同的订立及背景 In accordance with the Law of
7、the Peoples Republic of China on Chinese Foreign Cooperative Joint Ventures and other relevant Chinese laws and regulations, _ Company and _Company, in accordance with the principle of equality and mutual benefit and through friendly consultations, agree to jointly set up a Cooperative venture in _,
8、 _ the Peoples Republic of China. 中国 _公司和 _国 _公司，根据中华人民共和国中外合作企业相关法律法规，本着平等互利的原则，通过友好协商，同意在中华人民共和国 _省 _市，共同设立合作经营企业， 特订立本合同 。“ 按照下列条款 ” subject to terms and conditions set forth hereinafter as follow under the following terms and conditions: subject to the terms and conditions stated below合同争议的解决办法
9、Ways Conciliation和解 Mediation调解 Arbitration仲裁 Litigation/lawsuit诉讼合同争议的解决办法 Arbitration Place (the country where arbitration will be conducted) Institute that will administer the arbitration Procedure (for enforcement of an award) Rules (governing the arbitration) Law (governing procedural issues or
10、 the merits of the dispute) Expenses Authority (whether the arbitration is binding or nonbinding on the parties) Limitations (on the selection of arbitration) Language (in which the arbitration will be conducted) Availability of translations and translators if needed合同争议的解决办法 Institute that will adm
11、inister the arbitration 中国国际贸易促进会对外经济贸易仲裁委员会 （ 分会）（ the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, (Shenzhen Commission) 国际商会 (the International Chamber of Commerce)合同争议的解决办法 Rules (governing the arbitration) pursuant to the Rules
12、 of Conciliation and Arbitration of the International Chamber of Commerce shall be submitted for arbitration to (institute) and the rules of this Commission shall be applied. shall be submitted to (institute) for arbitration in accordance with its arbitration rules. shall be submitted to (institute)
13、 for arbitration which shall be conducted in accordance with the Commissions arbitration rules in effect at the time of applying for arbitration. (按照申请仲裁时该会现行有效的仲裁规则进行仲裁） 合同争议的解决办法 Expenses The arbitration fee/expenses shall be borne by the losing party unless otherwise awarded by the commission. Th
14、e arbitration fees, lawyer fees and all the expenses incurred through arbitration should be borne by the failure party.合同争议的解决办法 Authority (whether the arbitration is binding or nonbinding on the parties) The arbitral award is final and binding upon both parties. The award of the arbitration shall b
15、e final and binding upon both parties. The award rendered by arbitrators shall be final and binding upon the parties concerned / thereto.合同争议的解决办法 All disputes arising from the performance of this Contract shall be settled through friendly negotiation. Should no settlement be reached through negotia
16、tion,(因履行本合同所发生的一切争议应通过友好协商解决；如协商不能解决，则应将争议提交 the case shall be submitted for arbitration to pursuant to the rules of Arbitration shall be held in _(place) and shall use the _ language. The arbitral award shall be final and binding upon both parties. The arbitration fee shall be borne by the losing
17、party unless otherwise awarded by the _ (arbitration institute). Notwithstanding any reference to arbitration, both Parties shall continue to perform their respective obligations under the Contract unless otherwise agreed. （除非另有规定，仲裁不得影响合同双方继续履行合同所规定的义务）合同的文字及效力 本合同正文一式两份，分别以中文和英文书写，两种文字具有 同等效力 。若对其
18、解释产生 异议 ，则 以中文文本为准 。 This Contract is made out in two originals, each copy written in Chinese and English languages, both texts being equally valid. In case of any divergence of interpretation, the Chinese text shall prevail.合同的文字及效力 本合同用中英文两种文字写成，两种文字具有同等效力。本合同共 _份，自双方代表签字（盖章）之日起生效。 This Contract i
19、s executed in two counterparts each in Chinese and English, each of which shall deem equally authentic. This Contract is in _ copies, effective since being signed / sealed by both parties.合同的文字及效力 本合同于 20_年 _月 _日在 _(地点）签订，一式两份，每份都用中文和 _文写成，两种文本具有同等效力。 This Contract is signed at _, in duplicate, this
20、 _ day of _, 20_, in the Chinese and _ languages, both texts being equally authentic.合同的文字及效力 The Contract shall be written in Chinese and in _. Both language versions are equally authentic. In the event of any discrepancy between the two aforementioned versions, the Chinese version shall prevail. 合
21、同的文字及效力 本合同一式两份，双方签字，各执一份，特此证明。 In witness thereof, this Contract is signed by both parties in two original copies; each Party shall keep one copy.合同的文字及效力 同等效力 be equally authentic / valid , both of which are of the same effect 以 为准 The version / text shall prevail / shall be valid / shall control / 若对其解释产生异议 In case of / In event of any divergence / discrepancy / difference / dispute or misunderstanding as to the interpretation
