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Dispute Resolution In The Peoples Republic Of China
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Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang
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.
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.
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.
Author :Beijing Arbitration Commission / Beijing International Arbitration Center Publisher :Wolterskluwer HK ISBN 13 : Total Pages :745 pages Book Rating :4.:/5 (661 download)
Book Synopsis Commercial Dispute Resolution in China by : Beijing Arbitration Commission / Beijing International Arbitration Center
Download or read book Commercial Dispute Resolution in China written by Beijing Arbitration Commission / Beijing International Arbitration Center and published by Wolterskluwer HK. This book was released on 2019-08-23 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty-eighteen marked the 40th anniversary of China’s reform and opening-up policy. Profound changes have been seen internally and externally, prior to 2018, during 2018, and continuing beyond 2018, which echo China’s great quest for reform and engaging with the world and shape the future of the dispute resolution industry in China. “Economic stability”, “economic restructuring and upgrading”, and “Sino-US trade friction” are clues to internal and external changes in 2018. Reviewing changing conditions in dispute resolution across a wide range of industries, the authors of Commercial Dispute Resolution in China: An Annual Review and Preview (2019) [hereinafter referred to as the “An Annual Review and Preview (2019)”] preview challenges that are yet to come. In Annual Review on Real Estate Dispute Resolution in China (2019), for example, the authors present a case study on the Linkage of the First and Second Level Projects and preview potential disputes of Securitization of real estate. In Annual Review on Investment Dispute Resolution in China (2019), the authors describe the arrangement of fixed income and equity repurchase under the backdrop of a slowing economy. In Annual Review on Energy Dispute Resolution in China (2019), the author focuses on policies and cases relating to Chinese transnational M&As, illustrating opportunities and challenges for future “Going Global” transactions in the energy sector. In Annual Review on International Trade Dispute Resolution in China (2019), the authors analyze the challenges posed by the China-US Trade War, and call for better compliance, industrial upgrading, and better understanding of the legal environment and trade protection measures in different jurisdictions in the process of “Going Global.” Decentralization and a continuing opening-up of China’s markets are also key in understanding economic and international changes. In Annual Review on Construction Dispute Resolution in China (2019), the authors introduce two examples, namely the promulgation of the Interpretation II on Issues Concerning the Application of Law for the Trial of Cases of Dispute over Construction Contracts by the Supreme People’s Court, and cancellation of construction contract record-filing by the Ministry of Housing and Urban-Rural Development, which reflect the ongoing transformation of social governance and the reforms of “delegate power, improve regulation and optimize services” (“DIO” reform) in the construction sector. In Annual Review on Financial Dispute Resolution in China (2019), the author describes the opening of the futures market, clearly demonstrating the Chinese government’s determination to open financial and capital markets.
Book Synopsis Dispute Resolution in China, Europe and World by : Lei Chen
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).
Book Synopsis Contract, Guanxi, and Dispute Resolution in China by : Tahirih V. Lee
Download or read book Contract, Guanxi, and Dispute Resolution in China written by Tahirih V. Lee and published by Taylor & Francis. This book was released on 1997 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guanxi Winn, Jane Kaufman "Relational Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan" "Law and Society Review 28"(1994) Contract Chang, Phyllis L. "Deciding Disputes: Factors that Guide Chinese Courts in the Adjudicaiton of Rural Responsibility contract Disputes" "Law and Contemporary Problems 52" (1989) * Cheng, Lucie and Arthur Rosett "Contract with a Chinese Face" "Journal of Chinese Law 5" (1991) * Lee, Tahirih V. "Risky Business: Courts, Culture, and the Marketplace" "University of Miami" "Law Review 47" (1993) * Scogin, Hugh "Between Heaven and Earth: Han Contracts" "University of Southern California Law Review 63" (1990) Dispute Resolution Clarke, Don. "Dispute Resolution in China" "Journal of Chinese Law 5" (1991) * Finder, Susan "The Supreme People's Court of the PRC" "Journal of Chinese Law 7" (1993) * Jianxin, Ren. "Mediation, Conciliation, Arbitration and Litigation inthe PRC" "International Business Lawyer" (October, 1987) * Josephs, Hilary "Defamation, Invasion of Privacy, and the Press in the People's Republic of China""Pacific Basin Law Journal 11" (1993) * Woo, Margaret Y.D. "Abjudication Supervision and Judicial Independence in the PRC" "American Journal of Comparative Law 39 "(1991)
Book Synopsis Mediation in Contemporary China by : Hualing Fu
Download or read book Mediation in Contemporary China written by Hualing Fu and published by Law in East Asia Series. This book was released on 2017 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the result of a collaborative project between Professors Fu Hualing and Michael Palmer, along with scholars in both Hong Kong and mainland China, on the nature and place of mediation in the justice system of the People's Republic of China. The project explores key aspects of the continuing central importance of mediation as a dispute resolution process, the various efforts at the refurbishment of mediation that have been made over the past decade or so, and the reforms that would best enhance the practice, theory and teaching of mediation. Mediation is used in China today for handling disputes in a variety of institutional contexts: 'people's mediation', which is primarily a form of local community dispute resolution, judicial mediation carried out by judges in and around the court, administrative mediation as conducted by officials and often focused on specific areas of governmental responsibility (as, for example, is the case with environment disputes), mediation in arbitral proceedings, and private mediation carried out without specific institutional support. Over the past fifteen years or so, in response to the rapid economic and social changes taking place in mainland China (including, inter alia, a declining importance of the local community) there have been attempts to institutionalize mediation, to resource it better, and to give it more legitimacy and legal force. In handling cases that come before the courts, judicial mediation continues to be seen as a particularly useful process, offering flexibility and effectiveness in dispute resolution (and even in handling serious criminal cases). But at the same time, the widespread reliance on mediation can also mean that dispute negotiations do not take place in the 'shadow of the court' but, rather, in the 'shadow of mediation'. Under the current Xi Jinping government, the Chinese Communist Party's concern with political stability and social harmony has intensified. Even more so now than in the past, China's judges, people's mediators, arbitrators and others have to consider the social and political impact of their dispute resolution work, and to see mediation as a part of a larger scheme of dispute containment.
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.
Book Synopsis Foreign-Related Commercial Disputes Resolution in China by : Jianli Song
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 :Beijing Arbitration Commission / Beijing International Arbitration Center Publisher :Wolterskluwer HK ISBN 13 :988793576X Total Pages :792 pages Book Rating :4.8/5 (879 download)
Book Synopsis Commercial Dispute Resolution in China by : Beijing Arbitration Commission / Beijing International Arbitration Center
Download or read book Commercial Dispute Resolution in China written by Beijing Arbitration Commission / Beijing International Arbitration Center and published by Wolterskluwer HK. This book was released on 2020-09-17 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2019, the world economic slowdown already under way reflected common influence across the countries. The cyclical and structural slowdowns in China have fueled disputes in the marketplace and thus created a rising number in the statistics of commercial dispute resolution in China. Many developments in the field of arbitration and mediation mark the milestones of building the rule-based practice. Some of these developments have already brought positive effects in the dispute resolution industry amid the slowing down economy. To present an insightful understanding of the developments of commercial dispute resolution in China, the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the "BAC/BIAC") continuingly invites experts to author 12 chapters of this book, namely, the chapters on commercial arbitration, commercial mediation, construction, real estate, energy, international trade, investment, finance, intellectual property, civil aviation, entertainment, and sports. The impact of economic slowdown also projects profound changes in each different specialized sector. More detailed and targeted legislation and regulations have emerged in 2019 as the response to the changing climate of the business environment. In this book, experts from the front line gathered and wrote each chapter as the reflection of their first-hand experience on the overview, updates of legislation and regulation, case studies, debated issues, and outlook of the industries. It is the eighth edition of the Annual Review and Preview of the Commercial Dispute Resolution in China. In this edition, for the first time, experts from in-and-out China co-authored one of the chapters, i.e.., the chapter on sport, which is a new creation of this book. The authors of this new chapter examine the Chinese legislation, regulation, and cases in the field of sport from different perspectives. For example, the athlete Yang Sun’s arbitration case has been debriefed and may help readers gain the pulse of the dispute resolution of sport in China. In general, the book presents to all stakeholders a reference of the commercial dispute resolution in China and unlocks intricacies of each different sectors. This book endeavors to record the development of rules, leading cases, and the pulse of the field. By reading this book, practitioners will understand what to look for when solving commercial disputes in China.
Book Synopsis Mediation and Alternative Dispute Resolution in Modern China by : Yun Zhao
Download or read book Mediation and Alternative Dispute Resolution in Modern China written by Yun Zhao and published by Springer Nature. This book was released on 2022-04-21 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.
Download or read book Dispute Resolution in the PRC written by and published by . This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Book Synopsis International Commercial Courts by : Stavros Brekoulakis
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.
Book Synopsis China and International Commercial Dispute Resolution by : Qiao Liu
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.
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.
