The execution1 process for decisions of courts and awards of arbitration tribunals, whether foreign or domestic, is similar in its general outlines. An execution order is issued and the process of enforcement of that order follows the general rules and patterns.
The enforcement of court decisions has at least two stages. The first, or preliminary, stage consists of the formalization of the decision itself and the expression of the amounts to be paid, property to be transferred or actions to be performed by the court in a form that can be used in execution of the judgment. The second or main stage consists of the proceedings by which enforcement measures are undertaken on the basis of the issued documents, including procedures for the mandatory or forcible execution of judgment in those cases in which the person or entity against whom/which the judgment is issued fails to observe it by voluntary action.
There are also several statements describing the matter discussed:
1. Recognition of the judgement and enforceability;
2. Using international agreements, namely New York Convention 1958; conventions and regulations under the Brussels Regime, etc.
For self-study UNCITRAL Arbitration rules (amended on 2013)
7.6. Choosing a regulation process
Dispute resolution is the process of resolving disputes between parties.
Methods of dispute resolution include:
- lawsuits (litigation)
- collaborative law
- many types of negotiation
There are a number of factors parties should consider in selecting the best form of dispute resolution:
5) Expertise/ qualified neutrals
7) Satisfactory result/compliance
8) Maintenance of relationships
9) Establishing precedent
11) Timing/when to use during the dispute
12) Power issues
For self-study essence of presented methods and factors of choice
There are no hard and fast rules as to when to use which method. All the above factors should be considered, as well as any underlying issues to the dispute. Types of issues and the nature of the dispute will dictate that some factors are more important than others in a particular dispute.
Structure of a business letter
Business letters include all kinds of commercial letters, replies to inquiries, Letters of Credit, invoices, Bills of Lading, Bills of Exchange or drafts, letters of insurance, orders, letters of shipment, letters of delivery, offers, letters of complaints, replies to those mentioned above, etc.
A business letter should be as short as possible, polite, and its language must be simple.
A private business letter is written by hand, each paragraph begins with an indented line. But if a letter is sent by an organization it is typed on the form of this organization. In this case it is not necessary to use indented lines.
A business letter is usually composed of the following elements: heading, date, address, salutation, text, subscription.
A letter can be typed on the organizations form. Any form has its letterhead printed typographically. The letterhead bears the name of the organization or the firm, sending this letter, its address, address for telegrams, telephone, telex, fax. If you do not use this form, write your address (as a sender) on the upper right side of the letter. Do not indicate your name here, if will follow your signature. Ukrainian names of foreign trade organizations are not translated into foreign languages. They are written with Latin letters. Your telephone number may be written below.
The date is written on the right side above (under your address or under a typographical letterhead of the form). In Great Britain the date may be indicated as follows: 7th April, 2001 or 7 April 2001. In the USA it is usually written like this: April 7, 2001.
As a rule, before or after the address of the recipient a reference is indicated which the sender asks to mention in the reply to the letter. A common reference represents the initials of the person who wrote the letter and those of the typist who typed it. The name and address of the recipient (inside address) is written on the left above.
The salutation is written on the left. If you dont know the readers name, the opening salutation is Dear Sir, Dear Sir or Madam, or Dear Sirs. If you know the readers name, the opening salutation is Dear Ms... or Dear Mr... . In the subscription the expression Yours faithfully is usually used if you are not acquainted the persons or Yours sincerely if you write to a man (woman) whom you know at least by correspondence. In American English more common are the expressions Sincerely, Sincerely yours. The signature is affixed by hand above the typed name of the author.
If some material is added to the letter the word Enclosures or the abbreviation Encl is written in the left lower corner of the letter.
1 What kinds of letters does business correspondence include? 2 What are the major elements of a business letter? 3 When is the letterhead used? 4 What does the reference mean in a letter? 5 Where is the address of the recipient written? 6 How should the text of the letter be written? 7 What phrases are used in the salutation of business letter? 8 What should be written in the subscription of a letter? 9 What may be enclosed in a business letter? 10 How is usually the signature affixed? 11 Where is the date of the letter written? 12 What does the letterhead bear?
1 This is how a business school teacher is explaining the parts of a business letter to a student:
Well then, your company's name and address is printed at the top of the letter.
This is called the letterhead. And the person you are writing to is the reader.
I see. So the letterhead's at the top of the letter, and the reader's name and address is on the left.
That's right. Below the reader's name and address are the references.
Oh yes. "Ref" is short for "reference", I suppose.
Yes. The references are usually the initials of the writer's name and the secretary's name. In this
letter JB stands for Joy Bradley and SY stands for Simon Young. Now, what is there on the right?
The twenty - third of January, two thousand and nine. It's the date.
Yes. The date's on the right. Now, on the left, under the references is the opening salutation.
The opening salutation is "Dear Ms Meiners"?
Yes. And below the opening salutation is the body of the letter - this is what you really want to write.
So the body of the letter is between the opening salutation and the closing salutation.
Yes. "Yours sincerely" is the closing salutation.
And then there is the signature and the writer's name and the writer's position in the firm.
That's right. The signature is above the writer's name and the name is above the writer's position
in the firm. What's Simon Young's position?
He's a sales assistant.
What does "Encl" mean at the bottom?
It stands for "enclosure". It means something is enclosed with the letter.
Oh I see. In this letter the enclosure is the catalogue.
2 Now read the letter and name its elements:
Brighter Office Supplies Limited
13 Mill Street
Telephone Harlow 26 721
Cables/Telegrams BOS Harlow
Ms A Meiners
Simple Stationers Ltd
15 Mowbray Road
23 January 2009 ... 3
Your ref: AM / SN
Our ref: SY / JB
Dear Ms Meiners, ... 5
Thank you for your letter of 18 January. Our current catalogue is enclosed as you requested, but I am afraid our price list is unavailable at the moment as it is being reprinted. However, I will send you one as soon as they are available.
Thank you for your interest in the company. We look forward to doing business with you in the future.
.. .. 6
Yours sincerely, .. 7
Simon Young ... 8
Simon Young . 9
Sales assistant 10
GRAMMAR: The Sequence of Tenses
After one of the past forms in the principal clause we find past forms in the subordinate object clause:
1) If the action of the object clause is simultaneous with that of the principal clause, the Past Simple or the Past Continuous is used in the object clause.
He thought I was joking. Â³í ãàäàâ, ùî ÿ æàðòóþ.
2) If the action of the object clause precedes that of the principal clause, the Past Perfect or the Past Perfect Continuous is used in the object clause.
I understood that she had already left the office. ß çðîçóì³â, ùî âîíà óæå ï³øëà ç îô³ñó.
3) If the action of the object clause follows that of the principal clause, the Future-in-the-Past is used in the object clause: I was sure we would get this contract. ß áóëà ïåâíà, ùî ìè îòðèìàºìî öåé êîíòðàêò.
Ex.1. Make the actions in the following object clauses simultaneous with those of their principal clause
1 He was surprised that I (know) his phone number. 2 I knew the children (hide) somewhere in the room. 3 He told us that he (work) for a large corporation. 4 He said the in-formation (be) rather interesting. 5 We knew that Ann (have) an English class every Wednesday. 6 I knew that they (discuss) my new proposal then. 7 He said that he
(be) interested in marketing. 8 She said she (be) busy. 9 The customer said that he
(want) to have a word with me. 10 He explained that he (take) driving lessons.
Ex.2. Make the actions in the following object clauses precede those of their principal clause
1 I knew that he (go) to London already. 2 He asked me why I (not invite) him to that scientific conference. 3 He said he (not hear) anything about her complaint. 4 She said the secretary (send) the message already. 5 I knew that she (make) an appointment with general manager. 6 He said that he (work) hard all the time. 7 He told her that he (meet) her the year before. 8 I knew that he (be) ill the day before. 9 She thought he (graduate) from the University. 10 Didn't you know that he (establish) a business of his own?
Ex.3. Make the actions in the following object clauses follow those of their principal clause
1 He told us that his daughter (be) a marketer. 2 She said that she (finish) her report by 6 o'clock. 3 Mr Black said the manager (come back) to New York the following day. 4 The secretary told me that the meeting (take place) the following month. 5 I hoped that he (apologize). 6 She said she (not attend) our meeting on Monday. 7 I asked him when the negotiations (begin). 8 He said that the price (not include) the cost of packing. 9 She decided that she (ring) up there tomorrow. 10 We decided that you (be) able to help us.