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1、2015年英語四級長篇閱讀匹配練習題(7)Exorbitant(過分的)PrivilegeA. IN 2012 ICBC,a statecontrolled Chinese company that is the worlds most valuable bank,bought four-fifths of the Argentine subsidiary of Standard Bank,a South African firmThe deA. was hailed as a leap forward for“South-South”co-operationdirect economic t
2、ies between emerging markets(新興市場)But one group of fich-world middlemen got a slice of the action:lawyersICBC was represented by Linklaters,an English firm,and Standard Bank by Jones Day,an American oneThe deal was made under English law,with any differences to be settled in A.l English arbitration
3、center B.Though emerging markets now account for over hA.f the worlds GDP at purchasing-power parity(購買力平價),and trade between them is booming,just two developed countries retain a stranglehold on cross-border finance,investment,mergers and acquisitionsJust as America benefits from issuing the worlds
4、 reserve currency,America and its former colonial master,Britain,enjoy the exorbitant privilege of issuing the worlds“reserve law”A global survey by Queen Mary University in London in 2010 of general counsels and legal-department heads found that 40most frequently did business using English law and
5、another 22Americangenerally the law of New York stateNo other countrys lawgot a significant share C.America and Britain reap large rewards from their legal dominanceof the worlds 100 highest-grossing law firms,9 1 have their headquarters in one of the twoAmericas legA. sector is bigger than the GDP
6、of Peru;though much of that is because of Americanslitigiousnessa good chunk comes from foreign workThe New York offices of American firms earn around$18 billion annually from internationaldispute resolutionalmost twothirds of litigants in English commerciA. courts areforeignAt 15the legA. sectors s
7、hare of British GDP is nearly double that in other big European countries D.Other bits of both countrieseconomies feel the ripples(余波),t00Foreigners visiting for legal hearings stay in hotels and eat in restaurantsAspiring lawyers from around the world pay to attend their universities and spread goo
8、dwill when they go homeDependence on American and British law firms makes it harder for deA.makers to move from New York and London to Hong Kong or FrankfurtBritains government describes lawyers as“central to the export of other professionA. services”such as accounting,asset management and banking E
9、.The competition is often weak:much of Chinas commerciallaw was written by Communist Party officials and is fiddled with errors:and though India adopted much of English common law,its courts are notoriously slowBut the incumbentsbiggest advantage is that they have common.law systems with centuries o
10、f binding precedentThat means they offer as much certainty as any jurisdiction(司法權)canIn civil-law countries such as France,Portugal and Spain,and their ex-colonies,judges have wide latitude to interpret statutes,increasing the risk of nasty legal surprisesCivil systems place more restrictions on ac
11、ceptable clauses,and often consider the interests of third parties,such as workers or consumers F.Many other countries would like to break this duopoly(雙頭壟斷市場)But even those with good laws on Paper would take decades to train enough lawyers and judges to make them stickThe immediate threat to Americ
12、an and British law comes from a trend that dispenses with courts A.togetherParties to a cross-border deal must decide not only which countrys law governs it but how disputes should be resolvedFirms are increasingly opting for private arbitration,which promises confidentiality,speed and lower costs t
13、han going to courtand here London and New York are less dominant G. More recently,new entrants have made inroadsAmong the most Successful is Singapore,whose dedicated arbitration venue(仲裁地點),SIAC,opened in 199 1Singapores government exempts arbitrators from income tax and expedites entry for partici
14、pants in hearingsSIACs caseload has quadrupled in the past decade,with Indian firms particularly keenLast year they were parties to a third of its 259 new cases H.With 260 new cases last year,Hong Kong matches SIAC for sizeArbitration is essential for cross-border deA.s involving China,since its iud
15、ges rarely enforce foreign court decisions but are bound to uphold arbitration awards by the New York Arbitration Convention,which it signed in 1987In the past,Chinese flrlns reluctantly accepted distant arbitration venuesBut they are increasingly insistingon disputes being heard locallyExorbitant n
16、o more?I.English law remains prevalent in Asian arbitration,accounting for 32of cases at SIACBut a recent trend in South America shows how quickly this could changeOf the big emerging economies,the one mat has most effectively promoted its own law is BrazilIts firms still use thirdparty law,usually
17、New Yorksto raise money and make acquisitions abroadBut foreign firms active in Brazil often acquiesce to local law,relying on localarbitration as an A.ternative to courts that are politicized and glacially slow J.Brazils govemment created a legal framework for arbitration in 1996,which became widel
18、y used after being approved by tlle supreme court in 200 1Nothing prevents firms from using foreign arbitrationbut losers may delay the application of foreign rulings for years(though not for ever)by filing objections in Brazilian courtsIn contrast,domestic arbitration awards in local-law cases are
19、deemedequivA.ent to legal rulings,and implemented on the spot“Theres nothing to fear about having an arbitration in Brazil,”says StephenoSullivan,a former solicitor in England who works for Mattos Filho,a Brazilian firm K.At first sight,the lawyers of Wall Street and the City of London have the most
20、 to lose from the growing popularity of arbitrationTheir goyemments are not helpingIn Britain authorities often fail to provide timely visas for parties,experts or witnessesAs for America,businesses often complain about the burden of pretrial discovery,and the threat of unsophisticated juries or ele
21、cted judges awarding exorbitant damagesIn a recent survey,Hogan Lovells,a law firm whose main offices are in London and Washington,DC,asked general counsels around the world which jurisdiction they found most challengingChina finished second-after America L.In the long run,developing countries may b
22、e bigger losersLocal arbitration may facilitate deals and bolster shortterm growthBut if it reduces the pressure from multinationals and local finns for simpler laws,berer courts and less political corruption,it may delay attempts to establish legal systems that work not just for businesses but for
23、everyone else too 46China and India would be very fragile in the competition because of their wrong commercial laws and inemcient courts 47The exorbitant privilege of issuing worlds“reserve law”make American and Britain the absolute winners in global business resorting to their laws 48On the contrar
24、y,domestic arbitration is considered as legal standards to be adopted immediately 49America and Britain mostly gain profits from their leading role in providing legal rulings 50The lawyers,middlemen of rich world,took a share of spoils in the deal 5 1Local arbitration may bring some facilities in a
25、short time,while it delays the intention for everyone to establish legal systems in the future 52According to a recent survey,Chinese jurisdiction has been the second most challenging one after America 53It is a wise choice for foreign finns in Brazil to accept the locA. arbitration rather than poli
26、ticized and inefficient courts 54It is a tough task to break this duopoly in a short time 55Strongly relying on American and Britain law firms render it difficult for parties to trust other reliable firms,such as Hong Kong and Frankfurt46China and India would be very fragile in the competition becau
27、se of their wrong commercial laws and inefficient courts由于其錯誤百出的商法和低效率的法庭,中國和印度完全沒有競爭力?!窘馕觥?E) 根據(jù)題目中同時出現(xiàn)的China,competition和India可以將答案定位在E段的額句首。競爭通常是無力的:中國的多數(shù)商法是由中共官員所撰寫,并且錯誤百出,即使印度已經(jīng)大量引進了英國普通法,他們的法庭是出名的沒效率。由此可知本題為此句的句意壓縮型同義轉換。故選E)47The exorbitant privilege of issuing worlds“reserve law”make American
28、 and Britain the absolute winners in global business resorting to their laws英美可以制定世界“儲備法”的過分特權使其在國際貿易中成為絕對的贏家,他們的法律是完成國際貿易的依據(jù)?!窘馕觥?B) 題中的exorbitant privilege和reserve law就是該題的題眼,由此答案鎖定在B段。美國從發(fā)行世界儲備貨幣中受益,因此,他和其起前殖民宗主國英國都在享受著凌駕于世界“儲備法”之上的特權。國家貿易多以英美法律為據(jù),這表明該題目為此段落的句意總結。故選B)48On the contrary,domestic arbitration is considered as legal standards to be adopted immediately相反地,國內仲裁被看作是合法的標準,應該立刻被采納。49America and Britain mostly
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