名词解释 ，什么是 “诉讼”、什么是“仲裁”、什么是“行政复议”

诉讼：指法院主持下按照法定程序审理案件的过程。 仲裁：指争议双方在争议发生前或争议发生后达成协议，自愿将争议交给第三者作出裁决，双方有义务执行的一种解决争议的方法。 行政复议：是指公民、法人或者其他组织不服行政主体作出的具体行政行为，认为行政主体的具体行政行为侵犯了其合法权益，依法向法定的行政复议机关提出复议申请，行政复议机关依法对该具体行政行为进行合法性、适当性审查，并作出行政复议决定的行政行为。是公民，法人或其他组织通过行政救济途径解决行政争议的一种方法。

此协议受香港法律管辖，依香港法律解释。任何有关或源于此协议本身或协议违约、终止、无效方面的纠纷、争议和诉争都应依现行有效的联合国国际贸易法委员会（UNICTRAL）仲裁规则仲裁，但仲裁规则与下面条款有冲突的，以本协议为准。上述处理程序中胜诉方有权要求对方补偿合理的律师费和与处理程序有关的支出。仲裁应以英文为工作语言，在香港进行。香港国际仲裁中心（HKIAC）为仲裁受理主体。仲裁地为位于香港的香港国际仲裁中心（HKIAC）。仲裁庭应由一名仲裁员组成。HKIAC在裁决时应依据现行有效的HKIAC仲裁规则，包括通知中含有的对UNICTRAL仲裁规则的补充。此协议要求的或可能要求的通知应以书面形式。书面通知的发送方式有：邮费已付、有收到凭证的挂号信，专人递交，空运（要有收到通知），传真（需在5个工作日内发送上述方式的确认通知）。所有发送到以下地址或收到方给对方发通知留下的地址的通知在收到时视为已送达。

What Are the Differences Between Arbitration and Litigation

Arbitration and litigation are two types of legal dispute resolution Litigation refers to the traditional court-based method of solving civil cases, while arbitration involves a more informal process that allows greater control by the involved parties Arbitration and litigation are both legally binding forms of resolution, but each has distinct characteristics, advantages, and disadvantages

When a civil dispute cannot be solved through conflict resolution matters outside of the legal system, deciding between arbitration and litigation becomes an important choice Litigation typically must be used for the management of any criminal charges, but arbitration is usually a viable option for civil trials Litigation may be brought by either party at any time, but choosing arbitration must be a joint decision by both involved parties Arbitration may also be the result of a valid contract that requires the process as the only permissible means of solving legal disputes

In litigation, attorneys and the judge nearly always run the show Primary parties may be take part in the formation of the case, and may be called on to provide evidence and give testimony, but generally need to allow attorneys to handle the legal technicalities of the issue Judges are chosen by the court, and neither clients nor attorneys have much say in which judge handles a case

Arbitration, on the other hand, allows for greater involvement by the primary parties Though attorneys can be used, many arbitrated disputes are done with limited lawyer involvement The arbiter or arbitrating panel is jointly chosen by the parties, and may impose more limitations on permissible evidence and trial length

One major difference between arbitration and litigation is the amount of public exposure Court trials are nearly always open to the public, unless the judge has a specific reason to order the trial to be sealed Arbitration, in contrast, is more private and usually held behind closed doors, which may be int the interest of the public reputation of one or both parties

Cost and expediency may also distinguish arbitration and litigation Arbitration is normally handled in a few short sessions or even a single day, leading to lower court costs The more limited involvement of attorneys can also cut down on legal fees for both sides Since arbitration has a much more limited docket than a court, disputes are also typically handled much faster, resulting in speedy closure to stressful disputes

Despite the advantages in cost and expediency, many civil disputes end up in litigation instead of arbitration because of the availability of an appellate system Most decisions reached through arbitration are considered final, and are not open to appeal by either side, unless clear, demonstrable bias can be shown by the appealing party In cases where results are far from black and white, parties in a dispute may be justifiably concerned about the outcome and find it prohibitive to give up the opportunity for appeal if a judgment does not run their way

为撒你要附自己照片啊

这是我为你翻译的第5个帖子，不过好像第一条款没看到，如需要完整翻译，请发信息给我。

Article 11 Governing Law

第11款 管辖法律

The validity, formation, and performance of this Agreement shall be governed by and construed in accordance with the laws of the People's Republic of China

本协议的有效性、形成和履行应按照中华人民共和国的法律管辖和解释

Article 12 Arbitration

第12款 仲裁

All disputes, controversies, or differences which may arise between the parties out of or in relation to or in connection with the Agreement or for the breach thereof, shall be finally settled by arbitration in Shanghai, China in accordance with the Commercial Arbitration Rules of the Chinese Commercial Arbitration Board The award rendered by arbitrator(s) shall be final and binding upon both parties concerned

本协议以外的、或是与本协议相关的，或是与本协议有联系的各方之间可能产生的所有纠纷、争议、异议，都应按照中国国际商事仲裁委员会的国际商事仲裁规则在中国上海最终裁定。由仲裁员发出的仲裁裁决书应该是最终裁决，并对相关双方都有约束作用。

Article 13 Non-Waiver

第13款 不弃权

No claim or right of either party under this Agreement shall be deemed to be waived or renounced in whole or in part unless the waiver or renunciation of such claim or right is acknowledged and confirmed in writing by such party

除非索赔或权利的弃权或放弃由该方书面承认或确认，否则本协议下任一方的索赔或权利都不能认为被全部或部分弃权（或放弃）了。

Article 14 Severability

If any one or more of the provisions contained in this Agreement shall be declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected and in such case the parties hereto oblige themselves to reach the intended purpose of the invalid provision by a new, valid and legal stipulation

第14款 协议的可分割性

如果本协议所包含的任何一条或几条条款在任何适用法律下，在任何方面应被宣布无效、违法、或不能执行，那么协议所包含的其余条款将不以任何方式受到影响，而且在这种情况下，有关各方应责成自己用新的、有效而合法的规定来达到无效条款的原来目的。

Article 15 Entire Agreement

This Agreement constitutes the entire agreement between the parties, all prior representations having been merged herein, and may not be modified except by a writing signed by a duly authorized representatives of both parties

第15款 完整的协议

IN WITNESS WHEREOF, the parties through their authorized representatives have executed the Agreement as of the date first above written

以资证明，双方通过自己的授权代表从上述成文的第一天起就已经执行了本协议。