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• Read this passage from an article about arbitration. • Choose the best sentence from the following sentences to fill each of t
• Read this passage from an article about arbitration. • Choose the best sentence from the following sentences to fill each of t
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2010-01-28
64
问题
• Read this passage from an article about arbitration.
• Choose the best sentence from the following sentences to fill each of the gaps.
• For each gap 9-14, mark one letter (A-H) on your Answer Sheet.
• Do not use any letter more than once.
Arbitration
Since World War Ⅱ, arbitration has proved an extremely popular mode for resolving disputes. Arbitration, arguably, could be said to be the first step towards privatisation of justice, in that it is an alternative resolution through national (State) courts. The parties have greater control over the appointment of arbitrators, language of the arbitration, place of arbitration, and the principles to be applied to issues under consideration. The principles need not be tied to a national law, such as English Law or Chinese Law. The issue could be decided on equitable principles.
In other words, arbitration means the settlement of disputes through the appointment of independent referees who hear and adjudicate cases. (9) . This is different from "conciliation", which is the use of an independent and fair minded intermediary to help resolve a dispute, with the conciliator acting as an ’honest broker’ between the disputants--advising each side of the other’s views and feelings and suggesting compromises (rather than reaching an independent decision, as happens with arbitration).
(10) . In theory, the decision to settle disputes in this way is agreed on beforehand by the two parties as part of the framework within which they intend to trade. In practice, it is normally imposed upon their trading relationships by the stronger party, who inserts it as a clause in his Standard Terms and Conditions, to which the weaker party must agree if he wishes to trade. The word ’arbitrate’ originates from the Latin ’arbitrari’ (to judge, or reach a decision). (11) . It is an essential element in arbitration that the arbitrator’s decision shall be final and bind upon the parties. There is, in principle, a severely restricted right of judicial review of arbitration awards on questions of law in a very limited number of cases, but the parties can exclude judicial review completely by an express agreement, if they so wish.
Arbitration often allows you to resolve disputes more quickly and cheaply than by going to court. (12) . When the arbitration is over, the decisions of the arbitrators are final. If you are unhappy with the result, you cannot go to court for judgment. (13) . If you want to appeal an arbitrator’s decision you must do so within three months.
In addition, mediation is also an option that can be considered before going to arbitration. Mediation may allow you to save time and money because it is quicker than arbitration Mediation also can be less confrontational than arbitration. (14) .
A. The person appointed to act as arbitrator will hear the views of both parties on the matter in dispute and decide where the truth of the matter lies and how the problem should he resolved.
B. Arbitration is the settlement of disputes between parties without recourse to law.
C. The arbitrators’ decisions can only be appealed under very limited circumstances.
D. The referees must be mutually selected by each party to the disputes.
E. Arbitrators are very helpful in arbitration and can solve your problems.
F. If you can’t reach an agreement through mediation, you can still go to arbitration.
G. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct it or compensate you for it.
选项
答案
D
解析
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