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Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1933833971
Category : Arbitration and award
Languages : en
Pages : 490
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Book Description
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.
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1933833971
Category : Arbitration and award
Languages : en
Pages : 490
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Book Description
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.
Author: John Bryan Starr
Publisher: Macmillan + ORM
ISBN: 1429934182
Category : Business & Economics
Languages : en
Pages : 538
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Book Description
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.
Author: Rolf A Schütze
Publisher: Bloomsbury Publishing
ISBN: 1782250808
Category : Law
Languages : en
Pages : 1512
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Book Description
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
Author: Weixia Gu
Publisher: Routledge
ISBN: 1317584767
Category : Law
Languages : en
Pages : 276
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Book Description
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: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1933833742
Category : Arbitration and award
Languages : en
Pages : 458
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Book Description
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: Weixia Gu
Publisher:
ISBN: 9781138823594
Category : Arbitration and award
Languages : en
Pages : 240
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Book Description
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.
Author: Jingzhou Tao
Publisher: Kluwer Law International B.V.
ISBN: 9041124160
Category : Business & Economics
Languages : en
Pages : 846
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Book Description
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.
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
ISBN: 1578231558
Category :
Languages : en
Pages : 3686
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Book Description
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.
Author: Anton G. Maurer
Publisher: Juris Publishing, Inc.
ISBN: 1937518221
Category : Law
Languages : en
Pages : 398
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Book Description
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.
Author: Gu Minkang
Publisher: Hong Kong University Press
ISBN: 988839052X
Category : Law
Languages : en
Pages : 395
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Book Description
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.
