Securities Dispute Resolution in China

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Author :
Publisher : Routledge
ISBN 13 : 135114958X
Total Pages : 297 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Securities Dispute Resolution in China by : Sanzhu Zhu

Download or read book Securities Dispute Resolution in China written by Sanzhu Zhu and published by Routledge. This book was released on 2018-02-06 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

China, the EU and International Investment Law

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Publisher : Routledge
ISBN 13 : 1000704890
Total Pages : 206 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis China, the EU and International Investment Law by : Yuwen Li

Download or read book China, the EU and International Investment Law written by Yuwen Li and published by Routledge. This book was released on 2019-11-11 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.

Enforcement of Corporate and Securities Law

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Publisher : Cambridge University Press
ISBN 13 : 1316738507
Total Pages : 553 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Enforcement of Corporate and Securities Law by : Robin Hui Huang

Download or read book Enforcement of Corporate and Securities Law written by Robin Hui Huang and published by Cambridge University Press. This book was released on 2017-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.

Foreign Investment and Dispute Resolution Law and Practice in Asia

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Author :
Publisher : Routledge
ISBN 13 : 1136581057
Total Pages : 284 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Foreign Investment and Dispute Resolution Law and Practice in Asia by : Vivienne Bath

Download or read book Foreign Investment and Dispute Resolution Law and Practice in Asia written by Vivienne Bath and published by Routledge. This book was released on 2012-03-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

Dispute Resolution in Transnational Securities Transactions

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781509908493
Total Pages : pages
Book Rating : 4.9/5 (84 download)

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Book Synopsis Dispute Resolution in Transnational Securities Transactions by : Tiago Andreotti

Download or read book Dispute Resolution in Transnational Securities Transactions written by Tiago Andreotti and published by Hart Publishing. This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : transnational securities transactions and legal pluralism -- States, law and dispute resolution -- Securities regulation theory and the importance of private enforcement -- The liability regime for securities disputes -- Building a transnational securities dispute resolution system -- Institutional aspects of dispute resolution -- Alternative models of dispute resolution systems -- Aggregate litigation design -- Aggregate litigation models -- Transnational aspects of dispute resolution

International Investment and Dispute Settlement

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Publisher : Routledge
ISBN 13 : 1000595137
Total Pages : 184 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis International Investment and Dispute Settlement by : Chunlei Zhao

Download or read book International Investment and Dispute Settlement written by Chunlei Zhao and published by Routledge. This book was released on 2022-06-16 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the dispute settlement mechanisms under the EU-China Comprehensive Agreement on Investment (CAI), including the already established mechanisms for general state-to-state dispute settlement and the Mechanism to Address Differences for investment and sustainable development issues. When China and the EU, two of the biggest players in international investment, announced the completion of the China-European Union CAI negotiations, the dispute settlement system remained incomplete. While they reached an agreement on state-to-state dispute settlement, the controversial investor-state dispute settlement is subject to ongoing negotiations. This book explores the possible procedural design of investor-state dispute settlement mechanisms under the EU-China CAI, including potential proposals, issues, and solutions. In addition, this work analyzes the separation, connection, and combination of state-to-state and investor-state dispute settlement, all with a mind to ensuring the function and operation of diverse mechanisms and establishing a comprehensive system for successful investment dispute settlement. Focusing on the complete dispute settlement system under the EU-China CAI, this book will be a valuable resource for students, academics, and policymakers working in the areas of international dispute resolution, international investment law, international economic law, and comparative law.

China’s Foreign Investment Legal Regime

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Publisher : Routledge
ISBN 13 : 1000551652
Total Pages : 222 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis China’s Foreign Investment Legal Regime by : Yuwen Li

Download or read book China’s Foreign Investment Legal Regime written by Yuwen Li and published by Routledge. This book was released on 2022-03-11 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.

Law for Foreign Business and Investment in China

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Author :
Publisher : Routledge
ISBN 13 : 1134053738
Total Pages : 416 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Law for Foreign Business and Investment in China by : Vai Io Lo

Download or read book Law for Foreign Business and Investment in China written by Vai Io Lo and published by Routledge. This book was released on 2009-03-02 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In trying to establish a presence in China, foreign investors have found it imperative to understand the regulatory environment of this potentially huge market. This book provides an up-to-date overview of the legal framework for doing business in China. It covers such topics as state structure; legislative amendments and enactments on direct foreign investment; the court system; the legal profession; business entities; foreign investment enterprises; contracts; intellectual property; labor and employment; consumer protection; taxation; securities; and dispute resolution. Apart from explaining legal principles, the book highlights liberalisation measures that China has undertaken to fulfil its WTO commitments; elucidates complicated legal concepts with examples of court decisions; discusses relevant foreign trade and investment polices; and includes a glossary of Chinese terms.

Commercial Dispute Resolution in China

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Author :
Publisher : Wolterskluwer HK
ISBN 13 : 9887840572
Total Pages : 532 pages
Book Rating : 4.8/5 (878 download)

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Book Synopsis Commercial Dispute Resolution in China by : Wolters Kluwer Hong Kong

Download or read book Commercial Dispute Resolution in China written by Wolters Kluwer Hong Kong and published by Wolterskluwer HK. This book was released on 2021-11-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges and endured new reforms while embracing new developments. The promulgation of new laws and regulations in 2020, including the Civil Code of the People’s Republic of China and the Supplementary Arrangements on Mutual Implementation of Arbitral Awards in Mainland China and Hong Kong Special Administrative Region, has elevated the arbitration system to a higher level. Arbitration institutions such as the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as “BAC/BIAC”) carried out anti-pandemic measures in a timely manner to ensure the well-functioning of the arbitration procedures. Meanwhile, China’s judicial supervision on arbitration and arbitration disclosure have undergone impressive developments. In 2020, the procedural standards of commercial mediation were further optimized, and commercial mediation institutions continued to expand and grow, while the number of mediation cases increased steadily. The “one-stop” diversified dispute resolution system was fully advanced, and the systems of litigation-mediation and arbitration-mediation have been constantly improved. Online mediation mechanism was rapidly developed in response to the new norms of pandemic prevention and control. Sino-foreign joint mediation mechanism has been gradually established, and international commercial mediation rules and systems are continuously refined. While rolling out countermeasures in full scale to mitigate impacts of pandemic, China achieved some eye-catching accomplishments in terms of legal system development and dispute resolution practices in 2020. To present an in-depth and systematic report on the 2020 practices and developments in the aforementioned fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles: First, focus on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed information thereof. Second, focus on consistency and systematises. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective. Third, focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers.

China and International Investment Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004279636
Total Pages : 449 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis China and International Investment Law by : Wenhua Shan

Download or read book China and International Investment Law written by Wenhua Shan and published by Martinus Nijhoff Publishers. This book was released on 2014-10-31 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.

Dispute Resolution in China

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833742
Total Pages : 458 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis Dispute Resolution in China by : Michael J. Moser

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.

Commercial Dispute Resolution in China

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Author :
Publisher : Wolterskluwer HK
ISBN 13 : 9887617156
Total Pages : 340 pages
Book Rating : 4.8/5 (876 download)

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Book Synopsis Commercial Dispute Resolution in China by : Beijing Arbitration Commission

Download or read book Commercial Dispute Resolution in China written by Beijing Arbitration Commission and published by Wolterskluwer HK. This book was released on 2022-11-14 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2021, the COVID-19 pandemic continued to affect economic development. In addition, due to the changing global situation, international competition was increasingly fierce. Under the circumstances of major changes and a pandemic unseen in a century, commercial dispute resolution in China is confronting new challenges, facing new changes and ushering in new developments. In the field of commercial arbitration, the promulgation of the Arbitration Law (Revision) (Draft for Comment) brought about many reforms to China’s current arbitration system, aroused widespread attention and discussion in the industry, and boosted arbitration research and the arbitration legal system to new levels. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”), have duly issued new rules according to the needs of case handling and pandemic prevention and control in order to guide new arbitration practices, and the highlights of China’s judicial supervision and opening-up of arbitration are eye-catching. In the field of commercial mediation, the Supreme People’s Court has continuously promoted the development of a “one-stop” diversified dispute resolution system to support international commercial mediation organizations in providing mediation services in free trade zones; the Shenzhen Intermediate People’s Court has innovatively introduced third-party mediation organizations to participate in bankruptcy reconciliation; and practices in coordination between arbitration and mediation have been constantly enriched. Commercial mediation is playing an increasingly important role in alternative dispute resolution in China. In key professional fields, while actively responding to the impacts of the pandemic and focusing upon the resumption of work and production, legal construction and dispute resolution have also been developing.

Company and Securities Law in China

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Author :
Publisher :
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Company and Securities Law in China by : I. A. Tokley

Download or read book Company and Securities Law in China written by I. A. Tokley and published by . This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide to recent developments and reforms on the formation and regulation of companies in China text addresses all principle aspects of the field. It covers capital issues and dividends, shareholder rights and obligations, security regulations and corporate insolvency, offering both a history of Chinese law and an up-to-date guide to the subject. It illustrates in detail the role of companies within the Chinese economic system, providing numerous practical applications, of use to those advising investors in China.

China Master Business Law Guide

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Publisher : Kluwer Law International
ISBN 13 : 9789041131768
Total Pages : 1227 pages
Book Rating : 4.1/5 (317 download)

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Book Synopsis China Master Business Law Guide by : Cch Asia

Download or read book China Master Business Law Guide written by Cch Asia and published by Kluwer Law International. This book was released on 2009-09 with total page 1227 pages. Available in PDF, EPUB and Kindle. Book excerpt: When it comes to legal issues, business investors in China quickly discover that a lot of what they relied upon elsewhere doesn't apply here. Emerging as it has from a unique and formidable economic system, China's business law regime is radically unlike any other on earth. And it's always changing - new and revised laws and regulations appear with great frequency. Know the Laws. That's what the Legislation volume of CCH's " China Master Business Law Guide" is about. As an investment strategy, knowing the laws is second only to being prepared. (Another volume in the series, Commentary and Analysis, has this strategy covered.) In the Legislation volume you'll find texts of all the China business laws and regulations you'll ever need, with English translations that have elicited nothing but the highest praise from legal scholars familiar with both languages. With Chinese and English texts on facing pages, the book gives you: -all general laws on companies, securities, property rights, product quality, and contracts; -all specific laws on partnerships, joint ventures, co-operative ventures, wholly foreign-owned enterprises, mergers and acquisitions, and bankruptcy; -regulations on registration of companies and capital, foreign investment, initial pubic offerings, listing of shares, and investment in domestic securities, and much more; -intellectual property and competition laws, including the controversial and powerful anti-monopoly law; and -all laws on labour contracts and dispute resolution.

Best Practices for International Business Transactions in China

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Author :
Publisher : Aspatore Books
ISBN 13 : 9780314199409
Total Pages : 0 pages
Book Rating : 4.1/5 (994 download)

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Book Synopsis Best Practices for International Business Transactions in China by : Peter C. Theut

Download or read book Best Practices for International Business Transactions in China written by Peter C. Theut and published by Aspatore Books. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Practices for International Business Transactions in China is an authoritative, insider's perspective on key strategies for lawyers managing international trade and business transactions involving China. Featuring partners from some of China's leading law firms, these experts provide information about navigating the local courts and the international business community by conducting due diligence, developing a business plan, understanding the motivations for a United States company to enter China, and recognizing the fundamental tools needed to negotiate effectively within the Chinese market. These top lawyers reveal their advice on choosing the governing law and the dispute resolution forum when entering into a contract with the Chinese. From understanding the political factors involved in a U.S.-China transaction to handling trade compliance challenges, these authors give tips on how to navigate the global down economy and offer predictions on what might change under the Obama administration. Additionally, these leaders dispel misconceptions about Chinese business and trade and focus on the importance of IP creation and protection in China. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their keys to success in this emerging market. Book jacket.

The Cambridge Handbook of Class Actions

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Publisher :
ISBN 13 : 1108803881
Total Pages : 578 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick

Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.

Consumer Financial Dispute Resolution in a Comparative Context

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Publisher : Cambridge University Press
ISBN 13 : 110702871X
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Consumer Financial Dispute Resolution in a Comparative Context by : Shahla F. Ali

Download or read book Consumer Financial Dispute Resolution in a Comparative Context written by Shahla F. Ali and published by Cambridge University Press. This book was released on 2013-03-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.