Securities Dispute Resolution in China

Author: Sanzhu Zhu
Publisher: Routledge
ISBN: 135114958X
Format: PDF, ePub, Docs
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Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets.

Chinese Companies and the Hong Kong Stock Market

Author: Flora Xiao Huang
Publisher: Routledge
ISBN: 1134671040
Format: PDF, Mobi
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Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.

China s Socialist Rule of Law Reforms Under Xi Jinping

Author: John Garrick
Publisher: Routledge
ISBN: 1317354168
Format: PDF, Mobi
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Under the direction of the Communist Party of China (CPC), key legal challenges have been identified which will shape the modernization of China’s legal and administrative institutions. An increasingly complex set of legal actors now seek to influence this development, including securities regulators, bankers, accountants, lawyers, local-level mediators and some of China’s newly rich. Whilst the rising middle class wants to voice its interests and concerns, the CPC strives to maintain its leading role. This book provides a critical appraisal of China’s deepening socialist rule of law and looks ahead to the implications of the domestic reforms for the international legal domain. With contributions from leading Chinese law specialists, it draws on specific illustrations from judicial reform, constitutional law, procedural law, anti-corruption, property law and urban development, socio-economic dispute resolution and Chinese macro-economics. The book questions how China’s domestic law reforms will impact international legal systems, and how international law can be used in managing key regional and bilateral relationships and in dispute resolution, such as in the South China Sea and international trade. Assessing the state and direction of domestic law reform and including debates around the legal implications of some of China’s most pressing foreign policy challenges today, this volume will be of huge interest to students, scholars and practitioners with an interest in Asia law, Chinese law, international law, comparative law and law reform.

Enforcement of Corporate and Securities Law

Author: Robin Hui Huang
Publisher: Cambridge University Press
ISBN: 1107164990
Format: PDF, Mobi
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.

Chinese Company and Securities Law

Author: Chengwei Liu
Publisher: Kluwer Law International
ISBN: 9041126198
Format: PDF, Docs
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China enjoys the highest level of foreign investment of any country in the world today, and is to all appearances intent on maintaining and even increasing that level. Yet, despite substantial liberalisation pursuant to China's WTO commitments, investment in China remains tightly circumscribed. For complex reasons stemming from China's protection of its own internal economy, the government hedges each form of foreign invested enterprise (FIE) with complex rules for qualification and approval. Many sectors of the economy remain fenced off from foreign investors, while investors in other sectors face a gauntlet of regulatory approvals at nearly every important stage of business. The result is a complex system of laws, regulations, and guidelines, bristling with challenges and uncertainties for even the simplest restructurings, that sometimes apply across the board to all FIEs and sometimes only to a particular kind of FIE. This detailed, systematic explanation--by a practising lawyer at one of the biggest law firms in China--provides thorough and up-to-date guidance on the rules and procedures affecting investments, mergers and acquisitions, and listings in China today. Focusing on such practical matters as applications, regulatory requirements, and transactional procedures, the author leads the practitioner through the maze of interconnected national and local authorities, with lucid explanation of the lines drawn as to total investment amount, sector or category of business, industrial compliance, geographic location, and various imposed restrictions, with expert knowledge of when and under what circumstances various rules apply and when they do not. Included in this superb analysis are detailed descriptions of such factors as the following: * establishment of a new FIE, including a substantial review of the articles of association or shareholders' agreement; * the equity or shares transfer in, or merger with or by, an existent FIE; * the cross-border acquisition of a domestic company by foreign investors; * the meaning of the official classifications 'encouraged,' 'permitted,' 'restricted,' and 'prohibited' * enforcement (or enforceability) of certain approvals, depending on context; * permits (e.g., for advertising); * foreign exchange controls; * taxation and accounting matters; * export and import and customs duties; * eligibility for certain preferential treatments; * equity or contractual joint venture with Chinese parties; and * 'controlling' or 'relatively controlling' shareholding of Chinese parties. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable, and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.

China Africa Dispute Settlement

Author: Won Kidane
Publisher:
ISBN: 9789041136749
Format: PDF, Docs
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This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.

Securities Regulation in China

Author: Sanzhu Zhu
Publisher: Brill - Nijhoff
ISBN: 9781571051721
Format: PDF, Kindle
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A co-publication with Simmonds and Hill In this important study, Dr. Zhu Sanzhu offers a thorough account of the tortuous passage of China from an experimental securities market, subject to regional and local or ministerial regulation, to a full-fledged national securities law. China has conducted its securities experiments within a limited private and quasi-private sector, not linking them, as has been true in Central and Eastern Europe, to the rapid privatisation of the instruments and means of production. The capital markets in China are, for certain actors in the economy, a test of economic performance, economic efficiency, and public confidence. Dr Zhu also provides a translation of the Securities Law of the People's Republic of China along with a glossary of Chinese terms. This volume is an essential resource for all those engaging in business with China or studying the integration of the Chinese economy into the world community. Published under the Transnational Publishers imprint.

Arbitration Law and Practice in China

Author: Jingzhou Tao
Publisher: Kluwer Law International
ISBN: 9041127488
Format: PDF, Kindle
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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.