Arbitration Law and Practice in China

Author: Jingzhou Tao
Publisher: Kluwer Law International B.V.
ISBN: 9041127488
Format: PDF
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Here in a revised and updated edition is a book that has been widely relied upon since 2003 by business people and their counsel with interests in China. Written by a foremost Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged as the preferred method For The resolution of international commercial disputes with a Chinese party or parties. Covering all current legislative trends, The new edition focuses on those aspects of the applicable law, interpretation and implementation that have combined to produce a unique system of arbitration, often referred to as Arbitration with Chinese Characteristics. Both of the key international arbitration institutions, The China International Economic and Trade Arbitration Commission (CIETAC) And The China Maritime Arbitration Commission (CMAC) are described in depth. The author’s insightful approach highlights the following aspects of the subject and more: what is permitted and what is prohibited under the Arbitration Law; enforcement of foreign judgements in China and of Chinese judgements elsewhere; application of uniform procedural rules; measures to overcome local protectionism; effects of China’s most important bilateral investment treaties (BITs); arbitration-related interpretations of the Supreme People’s Court; forms of arbitration agreement; and substantive requirements of the arbitration agreement. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant legal instruments for quick, direct reference To The relevant law– and an annex with English texts of the most important laws and regulations – this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the book’s special significance to non-Chinese practitioners lies in its attention to the difference between Chinese arbitration And The prevailing practice in Western countries, particularly where such difference represents a significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. it will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.

Judicial Review of Arbitration

Author: Lin Yifei
Publisher: Kluwer Law International
ISBN: 9789041186270
Format: PDF
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About this book: Judicial Review of Arbitration covers issues that arise at all stages of the enforcement application process focusing mainly on various challenges and defenses regarding the enforcement of foreign and domestic arbitral awards. This book discusses concepts and cases in commercial arbitration and judicial review. International commercial arbitration relies on the possibility of enforcing arbitral decisions against recalcitrant parties. In China, a crucial world market, where the annual arbitration caseload has reached 200,000 and where arbitration is evolving, authorities attach great importance to judicial review of arbitration. This is the first book to address issues concerning the recognition and enforcement of arbitral awards under applicable law in "Greater China"--the People's Republic of China (PRC), Taiwan, Hong Kong and Macao--describing and analyzing the effect of judicial review on a wealth of recent issues and cases. What's in this book: After providing an overview of the legal framework for Chinese arbitration and judicial review of arbitration, the book introduces and discusses the law governing the arbitration agreement, due process, the arbitrator's power, arbitrability, formation of arbitral tribunal, mediation and public policy. For a better understanding of commercial arbitration from an international perspective, there are comparative studies of foreign laws and practices across the chapters of the book, and abundant primary source material is provided in appendices. In its focus on the challenges arising at all stages of the enforcement application process, such issues and topics as the following are covered in detail: significant judicial interpretations of the Supreme People's Court as recent as 2018; examination of the validity of arbitration agreements; setting aside and enforcement of arbitral awards by PRC arbitration institutions; role of the New York Convention and other treaties; succession of contract; examination of evidence; and role of competition law and intellectual property law. In the discussion of each case and each type of issue, the book shows clearly what kind of arbitral awards can be recognized and enforced in China and what kind cannot. How this will help you: As an invaluable source of detailed information and as a thorough guide on the grounds and procedures of judicial review of arbitration in Chinese courts, this book will be of valuable source to practitioners, global law firms, companies doing transnational business, jurists and academics from all countries concerned with matters regarding international and foreign-related arbitration in China.

Chinese Arbitration Law

Author: Peter Yuen
Publisher: Butterworths
ISBN: 9789888301317
Format: PDF
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This title focuses on the law and practice of arbitration in China. It deals with the whole range of China practice issues from pre-commencement considerations and interim remedies to jurisdictional challenges to practice and procedure to the enforcement of awards. It also contains guidance on the emerging and important area of China related investment treaty disputes.

Maritime Law and Practice in China

Author: Liang Zhao
Publisher: Taylor & Francis
ISBN: 1317266463
Format: PDF
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A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Arbitration in China

Author: Kun Fan
Publisher: Bloomsbury Publishing
ISBN: 1782250735
Format: PDF, ePub
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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. "What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.?? From the Foreword by Gabrielle Kaufmann-Kohler

Anti dumping Law and Practice of China

Author: Xiaochen Wu
Publisher: Kluwer Law International B.V.
ISBN: 9041127909
Format: PDF, ePub, Mobi
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For over a decade China has been globally recognized as the leading recipient of antidumping measures. On the other hand, China's use of antidumping measures is equally noteworthy. Xiaochen Wu's timely book takes a very practical approach as it examines its subject in a broad context. Besides providing a rich and detailed interpretation of the legal provisions, it discusses complex technical aspects of the Chinese antidumping law in a very pragmatic way, notably by providing actual instances of their application in the antidumping investigations conducted by the Chinese Ministry of Commerce (MOFCOM). This book is also very handy since it consolidates detailed statistics pertaining to Chinese antidumping proceedings since 1997 as well as all important legal texts including China's antidumping law and the 15 MOFCOM implementing provisions along with relevant legal interpretation. Readers will quickly discover that the book is thoroughly enriched with the thoughtful commentary and pertinent observations of its author. Having addressed and understood antidumping matters both from the public and private sector perspective, Xiaochen Wu provides a very unique and extensive analysis of the Chinese antidumping law and its practice. In sum, this work incorporates the essence of his personal experience as witnessed in the insightful examination of each antidumping provision and thoughtful reflections on complicated and exceptional situations which have come up in trade proceedings or which may very well arise in the not too distant future.

Chinese Investment Treaties

Author: Norah Gallagher
Publisher: OUP Oxford
ISBN: 9780199230259
Format: PDF, ePub, Docs
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This is a comprehensive commentary on Chinese bilateral investment treaties (BITs), which are being increasingly used in Chinese foreign investment policy. It will define BITs' role, analyse and interpret their key provisions, and discuss the future of China's investment programme.

Arbitration in China

Author: Giovanni Pisacane
Publisher: Springer
ISBN: 9811006849
Format: PDF, Kindle
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The book provides a comprehensive and practical overview of arbitration in the People’s Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

International Arbitration

Author: Gary B. Born
Publisher:
ISBN: 9789041166371
Format: PDF, Mobi
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International Arbitration: Law and Practice (Second Edition) provides a comprehensive coverage of the basic principles and legal doctrines, and the practice, of international arbitration. It contains a systematic and concise treatment of all aspects of the arbitral process, including international arbitration agreements, international arbitral proceedings and international arbitral awards. The book addresses both international commercial arbitration and the related fields of investment and state-to-state arbitration, and is essential reading for any student of international arbitration and any practitioner seeking a complete introduction to the field. Accolades for Gary B. Bornand’s International Commercial Arbitration (2009 and& 2nd ed. 2014), recipient of the American Society of International Lawand’s 2010 Certificate of Merit: and“An unparalleled book on the law, practice and theory of international commercial arbitration and… indispensable for both practitioners and academics.and” Professor Jack L. Goldsmith III, Harvard Law School and“Stunningly comprehensive, accessible, and bristling with insights: the definitive text on international arbitration.and” Professor Harold Hongju Koh, Yale Law School and“A monumental work of legal scholarship.and” Professor Campbell McLachlan, Victoria University of Wellington and“An extraordinary combination of both practical experience and academic analysis.and” Professor Dr. Daniel Girsberger, University of Lucerne