A Chinese foreign trade company exported goods
问题详情
A Chinese foreign trade company exported goods to an American corporation. The contract clearly stipulates: "if disputes arise out of performance of the contract, the disputes shall be settled through friendly negotiation. If no settlement can be reached through friendly negotiation, the case shall be submitted to China International Economic and Trade Arbitration Commission for arbitration in Beijing. " Later, disputes arise between two parties in respect of quality of the goods, but the American Co. has brought a lawsuit against the Chinese company at his location. The Chinese company received summons from the court.
Question: How should the Chinese company deal with it？
(Translate the case into Chinese and then answer the question)
Helpful hint: The case is mainly about the function of arbitration clause.
参考答案
[翻译]某一中国外贸公司向一个美国公司出口了一批货物。合同中明确规定：如果在履行合同的过程中双方发生争议，通过双方友好协商解决；如果不能友好协商解决，将交由北京中国国际经济贸易仲裁委员会仲裁。后来，双方就货物的质量问题发生争议，但是美国公司在其所在地对中国公司提起诉讼，中国公司收到了法院的传票。
请问：中国公司应如何处理此事？
The Chinese company should ask the court not to hold hearing for the case and return the case to China International Economic and Trade Arbitration Commission for arbitration. Because there is arbitration agreement in the arbitration clause, the arbitration agreement eliminates the jurisdiction of the court over the relative case.
