问题 不定项选择

我国万泉公司与日本双太公司在A市合资成立双龙公司,合资合同中约定,凡与合资合同有关的一切争议均应提交中国国际经济贸易仲裁委员会仲裁。随后万泉公司又与双太公司签订了一份货物买卖合同,因双太公司没有依合同约定付清货款,而产生纠纷。在本案的仲裁中,如果仲裁委员会裁决终止合资合同,那么下列叙述正确的是:()

A.仲裁委员会的裁决应以双太公司的申请为前提

B.如果双太公司仅要求违约金,则仲裁委员会的裁决无效

C.合资合同终止后,当事人因合资的其他纠纷仍可申请仲裁

D.仲裁委员会的裁决于裁决作出之日生效

答案

参考答案:A,B,C,D

解析:依《仲裁法》第19条之规定,仲裁协议在全合同终止时具有独立性,故C项正确。依第57条,仲裁实行一裁终裁,故D项正确。依第58条规定,仲裁裁决超出仲裁协议约定的范围的,裁决无效,故B项正确。   依仲裁法原理,仅有仲裁协议尚不足以发生仲裁之事实,仲裁之发生以当事人主动提请仲裁为条件,故A项正确。

单项选择题

It was two years ago today that the hunting ban came into force, supposedly ending centuries of tradition. However, the law has been an unmitigated failure-not that either side is shouting about it.
It was a nightmare vision that struck fear and loathing into the hearts of millions. When the hunting ban became law, it was said, 16, 000 people would lose their jobs, thousands of hounds would be put down, rotting carcasses would litter the countryside, hedgerows would disappear, riders would face on-the-spot fines, law-abiding people from doctors to barristers would be dragged from their horses and carted off to prison, while dog owners would be prosecuted if their mutt caught a rabbit.
These were just some of the claims as desperate countryside campaigners battled to save their sport in the lead-up to the hunting ban, which Labour rammed into law using the Parliament Act on November 18, 2004.
For many, the fears were real. Others exaggerated as they fought an increasingly aggressive anti-hunting lobby which had rejected acres of independent evidence affirming that hunting is the most humane way of killing foxes. In the battle to"fight prejudice, fight the ban", every emotive argument was deployed.
For its part, the anti-hunting brigade extravagantly claimed that the ban would put an end to the rich parading in red jackets. A senior Labour MP, Peter Bradley, admitted in this newspaper that it was, as many suspected, about "class war". He lost his seat shortly afterwards. But people in red coats did not disappear.
In fact, none of the forecasts came true. What did happen was something nobody had predicted: the spectacular revival and growth of hunting with hounds. In short, the hunting ban has been a failure.
Today, on the second anniversary of the ban’s coming into force on February 18, 2005, new figures show that participation in the sport has never been higher. It is so cheerful that two new packs have been formed, something that has not happened for centuries.
They include the seductively named Private Pack, set up by the financier Roddy Fleming in Gloucestershire. It operates on an invitation-only basis, a sort of hunting private members’ club. This can only mean one thing: like it or not, hunting is cool. Young people are taking it up, enticed by the element of rebellion and the mystique of what actually happens as hunts attempt to keep within the law.

The hunting ban has been a complete failure because ______.

A.the hunting has never been stopped but has instead flourished

B.the government has been short of hands to enforce the law

C.the law makers failed to see hunting as a long-time tradition

D.the ban aimed to protect the interests of the upper-class only

单项选择题