Arbitration In China

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Arbitration in China

Author : Kun Fan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250735
Total Pages : 366 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Arbitration in China by : Kun Fan

Download or read book Arbitration in China written by Kun Fan and published by Bloomsbury Publishing. This book was released on 2013-02-11 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 904660263X
Total Pages : 162 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Chinese Arbitration by : Association for International Arbitration

Download or read book Chinese Arbitration written by Association for International Arbitration and published by Maklu. This book was released on 2009 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prosperous economy goes hand in hand with a competent, impartial, and efficient legal system. International investment is only possible when the business parties are confident that adequate dispute resolution possibilities exist. A conference on "Arbitration in China" was held by the Association for International Arbitration (AIA) in March 2009. This book - a product of the conference - highlights the newest opportunities and updates - for lawyers, arbitrators, mediators, and investors - about arbitration and mediation in the event a dispute were to arise with Chinese partners. The book includes the conference's opening remarks, presented by the president of the AIA, Johan Billiet, who highlights the differences between Chinese and 'Western' arbitration. Other contributions include: the issue of mediation and arbitration in China * International Chamber of Commerce arbitration in China * arbitration differences between China International Economic and Trade Arbitration Commission and other Asian institutions, such as Hong Kong International Arbitration Center, Singapore International Arbitration Center, Korean Commercial Arbitration Board, and Japan Commercial Arbitration Association * recent developments in Chinese arbitration * the issue of recognition and enforcement of arbitral awards in China.

Ad Hoc Arbitration in China

Author : Tietie Zhang
Publisher : Routledge
ISBN 13 : 1351185810
Total Pages : 160 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Ad Hoc Arbitration in China by : Tietie Zhang

Download or read book Ad Hoc Arbitration in China written by Tietie Zhang and published by Routledge. This book was released on 2018-10-12 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People’s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.

Arbitration in China

Author : Giovanni Pisacane
Publisher : Springer
ISBN 13 : 9811006849
Total Pages : 213 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Arbitration in China by : Giovanni Pisacane

Download or read book Arbitration in China written by Giovanni Pisacane and published by Springer. This book was released on 2016-04-05 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration Law and Practice in China

Author : Jingzhou Tao
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142142
Total Pages : 408 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration Law and Practice in China by : Jingzhou Tao

Download or read book Arbitration Law and Practice in China written by Jingzhou Tao and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Dispute Resolution in China

Author : Weixia Gu
Publisher : Routledge
ISBN 13 : 9780367698836
Total Pages : 0 pages
Book Rating : 4.6/5 (988 download)

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Book Synopsis Dispute Resolution in China by : Weixia Gu

Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.

Arbitration Law in China

Author : John Mo
Publisher :
ISBN 13 :
Total Pages : 766 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration Law in China by : John Mo

Download or read book Arbitration Law in China written by John Mo and published by . This book was released on 2001 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration in China

Author : Sun Wei
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168273
Total Pages : 506 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration in China by : Sun Wei

Download or read book Arbitration in China written by Sun Wei and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in China has been aligned with international norms since the enactment of the Arbitration Law in 1994. The purpose of this book is to assist practitioners by describing the law governing arbitration in China as it is currently applied to practice, both domestically and internationally, taking into account the regime's numerous features. Among the details affecting arbitration practice and procedure in China covered are the following: • arbitration agreement as a precondition for any arbitration proceedings; • finality of arbitral awards without any right of appeal; • procedure governing arbitral proceedings; • the extent of permissible judicial review; • arbitrations with a connection to Hong Kong, Macau, or Taiwan; • persistent involvement of local governments in arbitration acceptance and proceedings; • rules on the handling of cases with foreign elements; • guidelines provided in the Supreme People’s Court’s judicial interpretations; • fees; • grounds for objecting to jurisdiction; • mechanisms for multi-party arbitration; • interim injunctions; • formation of arbitral tribunals; • use of expert witnesses; • enforcement of arbitral awards; and • use of mediation. Although focusing predominantly on the practical effects of Arbitration Law provisions, the authors stress practice involving China’s two commissions specifically addressing international matters, the China International Economic and Trade Arbitration Commission (CIETAC) and the Beijing Arbitration Commission (BAC). Among the numerous local commissions functioning under the Arbitration Law, special attention is paid to those in Beijing, Shanghai, and Guangzhou, which (along with CIETAC) accept the greatest number of cases with a foreign element. The book will be invaluable to corporate counsel and other practitioners dealing with Chinese companies. Scholars of comparative arbitration law will also find much here to interest them.

Foreign-Related Arbitration in China

Author : Fan Yang
Publisher : Cambridge University Press
ISBN 13 : 1316352277
Total Pages : pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Foreign-Related Arbitration in China by : Fan Yang

Download or read book Foreign-Related Arbitration in China written by Fan Yang and published by Cambridge University Press. This book was released on 2016-03-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration Concerning the South China Sea

Author : Shicun Wu
Publisher : Routledge
ISBN 13 : 1317179897
Total Pages : 305 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Arbitration Concerning the South China Sea by : Shicun Wu

Download or read book Arbitration Concerning the South China Sea written by Shicun Wu and published by Routledge. This book was released on 2016-03-02 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process. This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.

The South China Sea Arbitration

Author : Stefan Talmon
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253750
Total Pages : 274 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The South China Sea Arbitration by : Stefan Talmon

Download or read book The South China Sea Arbitration written by Stefan Talmon and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.

China-Africa Dispute Settlement

Author : Won Kidane
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis China-Africa Dispute Settlement by : Won Kidane

Download or read book China-Africa Dispute Settlement written by Won Kidane and published by Kluwer Law International B.V.. This book was released on 2011-11-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

Western and Chinese Arbitration

Author : Arthur J. Gemmell
Publisher :
ISBN 13 :
Total Pages : 236 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Western and Chinese Arbitration by : Arthur J. Gemmell

Download or read book Western and Chinese Arbitration written by Arthur J. Gemmell and published by . This book was released on 2008 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Arthur J. Gemmell asserts that an understanding of the international arbitral system will enrich and sustain business while serving as a viable avenue for commercial dispute resolution. To explore the arbitral system, Dr. Gemmell uses the Chinese and Western arbitral systems, past and present, in order to understand what can be accomplished from their examples and errors.

Judicial Review of Arbitration

Author : Lin Yifei
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186417
Total Pages : 366 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Judicial Review of Arbitration by : Lin Yifei

Download or read book Judicial Review of Arbitration written by Lin Yifei and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 (PRC), Taiwan, Hong Kong and Macao—describing and analyzing the effect of judicial review on a wealth of recent issues and cases. 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. In its focus on the various challenges and defenses 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. Comparative studies of foreign laws and practices are included where relevant, and an abundance of primary source material is provided in appendices. 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 will welcome this invaluable source of detailed information.

The South China Sea Arbitration

Author : S. Jayakumar
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116275
Total Pages : pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis The South China Sea Arbitration by : S. Jayakumar

Download or read book The South China Sea Arbitration written by S. Jayakumar and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading experts on the law of the sea, The South China Sea Arbitration provides a detailed analysis of the significant aspects, findings and legal reasoning in the high-profile case of the South China Sea Arbitration between the Philippines and China.The book offers a comprehensive overview and analysis of the major issues discussed in the Arbitration including jurisdiction, procedure, maritime entitlement, and the protection of the marine environment. The chapters also explore the implications of the case for the South China Sea disputes and possible dispute settlements under the 1982 United Nations Convention on the Law of the Sea. The robust discussion in each chapter will be an invaluable contribution to the ongoing debate on the South China Sea Arbitration.This informative and compelling book will be essential reading for scholars and students of public international law, law of the sea, international dispute settlement and international relations. Policy makers and governmental officials with responsibility for law of the sea and international dispute settlement, as well as members of international courts and tribunals, international organisations and non-governmental organisations, will find this book a stimulating read.

Managing Business Disputes in Today's China

Author : Michael J. Moser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124624
Total Pages : 356 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Managing Business Disputes in Today's China by : Michael J. Moser

Download or read book Managing Business Disputes in Today's China written by Michael J. Moser and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

Chinese Arbitration Law

Author : Peter Yuen
Publisher : Butterworths
ISBN 13 : 9789888301317
Total Pages : pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Chinese Arbitration Law by : Peter Yuen

Download or read book Chinese Arbitration Law written by Peter Yuen and published by Butterworths. This book was released on 2015-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.