一起国际经济仲裁案件的英文最后陈述

基本案情： 2001年4月3日中国某汽车公司与澳洲某汽车公司签订《中澳关于建立青岛某汽车公司合资企业合同》（以下简称《合资合同》）约定合资公司注册资本由合资双方共同平等出资承担。出资形式为，中国某汽车公司位于青岛市某区的工厂、机械、设备等；澳洲某汽车公司的A技术等2001年8月10日合资企业登记成立。因双方就出资技术作价等方面出现分歧，为此双方从合资企业设立起便开始不断协商。同时每年又就企业延期出资期限不断地向登记管理部门提出申请。2010年后，被申请人便不再就出资问题进行商谈，不再理会申请人协商意向。中国某汽车公司只能依约将澳洲某汽车公司诉至中国国际经济贸易仲裁委员会，要求解除合资合同。

Final Statement

Respected chief arbitrator and arbitrators,

    The joint venture contract has been signed over twelve years between the applicant and the respondent. The contract stipulated that the period of joint venture is 30 years. And now the time has passed more than 1/3. In accordance with the law, the approval documents and contracts, all capital contributions shall be happened twelve years ago. Even the most important content of the contract has not yet been performed today. Clearly, it has against the purpose of legislation of joint venture law and also against the intent of both parties enter into a contract of twelve years ago. It has been unable to achieve the purpose of the contract.

In twelve years, both parties had negotiated with each other continuously on the problem of investment; finally they could not reach the agreement. So in recent years both despair. In this twelve year period, the enterprise’s operating activities cannot be developed for lack of investment. Some Chinese investment assets have been executed done by the debtor. So, about 200 employees of our early recruitment have no source of income, and more than 150 workers of them to impact the local government for help. The plant property has been abandoned, and a lot of social wealth has been lost for twelve years.

Therefore, we hereby apple to you for arbitration and support the claims of the applicant, to terminate the joint venture contract as soon as possible, to avoid enlarging loss of the social property, so that employees can get an early settlement, avoid because of already cease to exist except in name contract caused more social disharmony events.

                                        Applicant:

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