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Author : Jianli Song
Publisher : Springer Nature
ISBN 13 : 9819990815
Total Pages : 302 pages
Book Rating : 4.8/5 (199 download)
Download or read book Foreign-Related Commercial Disputes Resolution in China written by Jianli Song and published by Springer Nature. This book was released on with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Qiao Liu
Publisher : BRILL
ISBN 13 : 9004306730
Total Pages : 368 pages
Book Rating : 4.0/5 (43 download)
Download or read book China and International Commercial Dispute Resolution written by Qiao Liu and published by BRILL. This book was released on 2015-10-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.
Author : Weixia Gu
Publisher : Routledge
ISBN 13 : 1317584767
Total Pages : 276 pages
Book Rating : 4.3/5 (175 download)
Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2021-02-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
Author : Zhiqiong June Wang
Publisher : BRILL
ISBN 13 : 900433128X
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)
Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833742
Total Pages : 458 pages
Book Rating : 4.9/5 (338 download)
Download or read book Dispute Resolution in China written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2012-07-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in China provides an up-to-date summary, commentary and analysis of how disputes are settled in today’s China. Like in many other jurisdictions, litigation and arbitration are the main dispute resolution methods to settle large commercial disputes in China. While litigation is more commonly used in domestic commercial disputes, arbitration is the most popular dispute resolution method among foreign parties who conduct business in China or with Chinese parties. Each of the chapters contained in this book deals with a selected topic in dispute resolution and is authored by a leading expert in the field. This book is a necessary resource for arbitration and litigation attorneys, as well as other professionals conducting business in China’s increasingly regulated and complex business environment.
Author : Lei Chen
Publisher : Springer Nature
ISBN 13 : 3030429741
Total Pages : 294 pages
Book Rating : 4.0/5 (34 download)
Download or read book Dispute Resolution in China, Europe and World written by Lei Chen and published by Springer Nature. This book was released on 2020-04-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).
Author : Stavros Brekoulakis
Publisher : Cambridge University Press
ISBN 13 : 1316519252
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)
Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.
Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)
Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
Author : Wenhua Shan
Publisher : Cambridge University Press
ISBN 13 : 1108473393
Total Pages : 357 pages
Book Rating : 4.1/5 (84 download)
Download or read book China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' written by Wenhua Shan and published by Cambridge University Press. This book was released on 2021-02-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.
Author : Association for International Arbitration
Publisher : Maklu
ISBN 13 : 904660263X
Total Pages : 162 pages
Book Rating : 4.0/5 (466 download)
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.
Author : Michael J. Moser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124624
Total Pages : 356 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Tietie Zhang
Publisher : Routledge
ISBN 13 : 1351185810
Total Pages : 160 pages
Book Rating : 4.3/5 (511 download)
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.
Author : Jingzhou Tao
Publisher :
ISBN 13 : 9789041127488
Total Pages : 0 pages
Book Rating : 4.1/5 (274 download)
Download or read book Arbitration Law and Practice in China written by Jingzhou Tao and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Peter Quayle
Publisher : Brill Nijhoff
ISBN 13 : 9789004396661
Total Pages : 0 pages
Book Rating : 4.3/5 (966 download)
Download or read book International Organizations and the Promotion of Effective Dispute Resolution written by Peter Quayle and published by Brill Nijhoff. This book was released on 2019-06-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the AIIB Yearbook of International Law examines a series of overarching themes and relationships regarding the role of international organizations in promoting effective dispute resolution.
Author : Jonathan Warne
Publisher : Bloomsbury Professional
ISBN 13 : 9781847661340
Total Pages : 0 pages
Book Rating : 4.6/5 (613 download)
Download or read book International Commercial Dispute Resolution written by Jonathan Warne and published by Bloomsbury Professional. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je
Author : Michael Wade Donnelly
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.3/5 (91 download)
Download or read book Cultural Aspects of Trade Dispute Resolution in Japan and China written by Michael Wade Donnelly and published by . This book was released on 1996 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Executive Summary: While barriers to trade and investment across national borders have come down with the integration and the liberalization of world markets, governments and most companies retain distinct national identities. The potential for disputes, in which the parties hold differing cultural preferences, modes of social behaviour and views on what is "just" and "fair", has not diminshed....This report looks at a number of commercial disputes in Japan and China between the governments of those countries and a foreign government, namely the US; between those governments and foreign private-sector groups; and between private parties from those countries and foreign partners.
Author : Won Kidane
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142843
Total Pages : pages
Book Rating : 4.0/5 (411 download)
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.
