Arbitration Law and Practice in China

Author: Jingzhou Tao
Publisher: Kluwer Law International B.V.
ISBN: 9041127488
Format: PDF, ePub, Mobi
Download Now
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.

Arbitration Law and Practice in China

Author: Jingzhou Tao
Publisher:
ISBN: 9789041140463
Format: PDF, ePub, Docs
Download Now
The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued - such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China's most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People's Court - the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. 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, 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 Third Edition's special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially 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, ePub, Docs
Download Now
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.

Arbitration in China

Author: Kun Fan
Publisher: Bloomsbury Publishing
ISBN: 1782250735
Format: PDF, ePub
Download Now
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

Chinese Arbitration Law

Author: Peter Yuen
Publisher: Butterworths
ISBN: 9789888301317
Format: PDF, ePub
Download Now
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.

Foreign Related Arbitration in China

Author: Fan Yang
Publisher: Cambridge University Press
ISBN: 1316352277
Format: PDF, ePub, Docs
Download Now
This overview and analysis of current arbitration law and practice in mainland China offers critical analysis of significant Chinese arbitration law materials and key cases decided by the Supreme People's Court of the People's Republic of China (PRC). It also provides the full texts of around two hundred decisions of the Supreme People's Court of the PRC dating from 1990 to 2013, with enclosures of lower People's Courts' decisions presented in a systematic fashion. The analysis not only highlights the importance of the materials, judicial interpretations and key cases, but also enables readers to read mainland Chinese statutes, judiciary interpretations and cases independently and confidently.

Doing Business In China

Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1578231558
Format: PDF
Download Now
Doing Business in China provides over 3,000 pages of extensive and comprehensive analysis on Chinese business and commercial law and practice. This work is the most thorough reference and guide to all major areas of business law and investment in the People’s Republic of China, and offers a wide-ranging analysis and commentary on Chinese business laws. For over thirty years Doing Business in China has been one of the premier sources of practical information and analysis on issues affecting foreign investment in China. This multi - volume treatise captures the collective experiences and knowledge of prominent practitioners and business and legal experts with respect to the essential areas of PRC investment and commercial law. Designed for those who are either planning to invest in China or who already have an established presence, Doing Business in China provides a detailed examination of all relevant legislation and practice in China that affects business and investment. It also closely examines key issues and potential pitfalls involved in all areas of business and investment.

Investing in China

Author: Yuwa Wei
Publisher: Federation Press
ISBN: 9781862873452
Format: PDF
Download Now
With China's rise as a new economic power, the economic and political relationship between Australia and China comes into a new area of development. China's need for capital, raw materials, high technology, and modern management skills has opened a range of opportunities for Australian industry and commerce. However, before making a substantial investment, an Australian investor needs to decide on which business structure is the most suitable for making the investment, a business alliance or a subsidiary. What are the advantages and disadvantages of the different business vehicles? Can the products of the new business be sold in the Chinese domestic market? Can invested capital be repatriated back to Australia? What are the tax implications in both China and Australia of setting up the new business? If a business alliance is established, how does the investor retain control over the new business entity? Does China have a sound political and legal environment which ensures the rights of a foreign investor and provides economic and legal certainty for the foreign investment activities? This book provides the first comprehensive analysis of the above issues. While giving general treatments to all possible investment vehicles, as well as legal and cultural background of China, it focuses the study on the problems facing the establishment of joint ventures between Australian investors and Chinese participants in China. The book will make an excellent contribution to the mutual understanding between Australian and Chinese business people.