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Business Disputes In China 3rd Edition
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Book Synopsis Business Disputes in China - 3rd Edition by : Michael J. Moser
Download or read book Business Disputes in China - 3rd Edition written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2011-09-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has become a magnet for international business. At the same time, the "China boom" has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. Business Disputes in China, written by the world’s leading China disputes experts, provides you with an overview of current dispute settlement techniques and tools.
Book Synopsis Institutional Arbitration by : Rolf A Schütze
Download or read book Institutional Arbitration written by Rolf A Schütze and published by Bloomsbury Publishing. This book was released on 2013-04-05 with total page 1512 pages. Available in PDF, EPUB and Kindle. Book excerpt: International arbitration has become the preferred dispute resolution mechanism in cross-border disputes. In the course of time, ad hoc arbitration, where the parties have to create their own rules and procedures, has increasingly been replaced by institutional arbitration where a specialised institution with a permanent organisation provides assistance and a set of practice-proven rules. The services and rules provided by the various institutions of arbitration differ. In order to inform the potential parties and their counsels about the differences and to make the choice between the different arbitration regimes easier, and to offer guidance through the various provisions, this book provides a comprehensive article-by-article commentary of rules of arbitration of 14 important arbitration institutions: AAA (American Arbitration Association) CIEDAC (China International Economic and Trade Arbitration) DIAC (Dubai International Arbitration Centre) DIS (German Institution of Arbitration) ICC (International Court of Arbitration) ICSID (International Centre for Settlement of Investment Disputes) KLRCA (Kuala Lumpur Regional Centre for Arbitration) LCIA (The London Court of International Arbitration) MKAS (Moscow International Commercial Arbitration Court) SCC (Stockholm Chamber of Commerce Arbitration) SIAC (Singapore International Arbitration Centre) Swiss Rules UNCITRAL Rules Vienna Rules
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 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.
Book Synopsis Understanding China by : John Bryan Starr
Download or read book Understanding China written by John Bryan Starr and published by Macmillan + ORM. This book was released on 2010-08-31 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: After ten years, John Bryan Starr has thoroughly revised and updated his classic introduction to the background of, the data about, and the issues at stake in China's present and future. In the new edition, Starr seamlessly weaves in additional material on the 2008 Olympics in Beijing, the Chinese government's ongoing efforts to curb the influence of the Internet, and the intensifying trade disputes between the United States and China. Succinct, modest, and refreshingly forthright, Understanding China remains a necessary guide for the uninitiated to everything from the Chinese economy and political system, to its intellectual freedoms and human rights, to its relationship with the rest of the world.
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.
Book Synopsis Dispute Resolution in China by : Weixia Gu
Download or read book Dispute Resolution in China written by Weixia Gu and published by . This book was released on 2021 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three 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. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.
Book Synopsis Resolving Business Disputes in China by : Jingzhou Tao
Download or read book Resolving Business Disputes in China written by Jingzhou Tao and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a dispute arises between a European or American firm and a Chinese business partner, this source of guidance is exactly what a practitioner needs. Resolving Business Disputes in China provides an understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China. The book summarizes cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included.
Book Synopsis Doing Business In China by : Michael J. Moser
Download or read book Doing Business In China written by Michael J. Moser and published by Juris Publishing, Inc.. This book was released on 2014-04-01 with total page 3686 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doing Business in China provides over 3,000 pages of extensive and comprehensive analysis on Chinese business and commercial law and practice. This work is the most thorough reference and guide to all major areas of business law and investment in the People’s Republic of China, and offers a wide-ranging analysis and commentary on Chinese business laws. For over thirty years Doing Business in China has been one of the premier sources of practical information and analysis on issues affecting foreign investment in China. This multi - volume treatise captures the collective experiences and knowledge of prominent practitioners and business and legal experts with respect to the essential areas of PRC investment and commercial law. Designed for those who are either planning to invest in China or who already have an established presence, Doing Business in China provides a detailed examination of all relevant legislation and practice in China that affects business and investment. It also closely examines key issues and potential pitfalls involved in all areas of business and investment.
Book Synopsis Public Policy Exception Under The New York Convention by : Anton G. Maurer
Download or read book Public Policy Exception Under The New York Convention written by Anton G. Maurer and published by Juris Publishing, Inc.. This book was released on 2013-06-01 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture Global and holding that Indian Courts are not permitted to set aside foreign arbitral awards. In this Revised Edition, the author explains and explores the reasoning of the Indian Supreme Court in this landmark decision and discusses the practical implications and consequences. Public Policy Exception under the New York Convention: History, Interpretation, and Application is of importance for all internationally active companies as well as for lawyers and courts. The book aids lawyers and companies in drafting arbitration clauses and in enforcing foreign arbitral awards. Often, judgments will not be enforced abroad; this is especially true with respect to an enforcement of foreign judgments in the BRIC countries. Therefore, internationally active companies and their advisors need guidance if and where foreign arbitral awards in their favor will be enforced abroad.
Book Synopsis Understanding Chinese Company Law, Third Edition by : Gu Minkang
Download or read book Understanding Chinese Company Law, Third Edition written by Gu Minkang and published by Hong Kong University Press. This book was released on 2024-03-28 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2006, Understanding Chinese Company Law covers the major topics in the area of company law in this fast-changing country. This third edition has incorporated the discussions on new laws and regulations that have sprung up over the past few years, including the China Company Law Amendment 2013 and the new Hong Kong Companies Ordinance (Cap. 622). In this new edition, besides offering an in-depth study of the 2013 Company Law, Gu Minkang addresses many new issues such as the zero capital system, shareholders’ right to know and right to profits, and a legal person’s human rights. The comparison between the Chinese and Hong Kong company laws is also updated accordingly. This comprehensive and up-to-date presentation of Chinese company law will be of value to all who are involved in business with and in China and their legal advisors, and to students of Chinese company law.
Book Synopsis Arbitration Rules-International Institutions-3rd Edition by : Loukas A. Mistelis
Download or read book Arbitration Rules-International Institutions-3rd Edition written by Loukas A. Mistelis and published by Juris Publishing, Inc.. This book was released on 2010-05-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Institutions have led the way in rulemaking for international commercial arbitration. The institutional rules and commentary compiled in this easy-to-use reference tool are those promulgated by the institutions most often named in international agreements. The institutional rules and commentary compiled in this easy-to-use reference are those promulgated by the institutions most often named in international agreements. Arbitration Rules: International Institutions is the only resource to compile such an extensive array of commentary and analysis, written by leading arbitration authorities along with the full text of each set of rules.
Book Synopsis Asia's New Battlefield by : Richard Javad Heydarian
Download or read book Asia's New Battlefield written by Richard Javad Heydarian and published by Zed Books Ltd.. This book was released on 2015-11-15 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compact, insightful book offers an up-to-the-minute guide to understanding the evolution of maritime territorial disputes in East Asia, exploring their legal, political-security and economic dimensions against the backdrop of a brewing Sino-American rivalry for hegemony in the Asia-Pacific region. It traces the decades-long evolution of Sino-American relations in Asia, and how this pivotal relationship has been central to prosperity and stability in one of the most dynamics regions of the world. It also looks at how middle powers – from Japan and Australia to India and South Korea – have joined the fray, trying to shape the trajectory of the territorial disputes in the Western Pacific, which can, in turn, alter the future of Asia – and ignite an international war that could re-configure the global order. The book examines how the maritime disputes have become a litmus test of China’s rise, whether it has and will be peaceful or not, and how smaller powers such as Vietnam and the Philippines have been resisting Beijing’s territorial ambitions. Drawing on extensive discussions and interviews with experts and policy-makers across the Asia-Pacific region, the book highlights the growing geopolitical significance of the East and South China Sea disputes to the future of Asia – providing insights into how the so-called Pacific century will shape up.
Book Synopsis Conflict of Laws in the People’s Republic of China by : Zheng Sophia Tang
Download or read book Conflict of Laws in the People’s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.
Download or read book 香港仲裁实用指南 written by Michael J. Moser and published by CCH Hong Kong Limited. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Territorial Disputes in the South China Sea by : J. Huang
Download or read book Territorial Disputes in the South China Sea written by J. Huang and published by Springer. This book was released on 2014-12-09 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Heightened tensions in the South China Sea have raised serious concerns about the dangers of conflict in this region as a result of unresolved, complex territorial disputes. This volume offers detailed insights into a range of country-perspectives, addressing the historical, legal, structural, regional and multilateral dimensions of these disputes
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 571 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.
Book Synopsis International Advertising Law by : Peter Schotthöfer
Download or read book International Advertising Law written by Peter Schotthöfer and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 1137 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "
