Download or read book China Arbitration Yearbook 2022 written by Yifei Lin and published by Springer Nature. This book was released on 2024-02-07 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
Download or read book China Arbitration Yearbook 2022 written by Yifei Lin and published by Springer. This book was released on 2023-12-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
Download or read book China Arbitration Yearbook 2021 written by Yifei Lin and published by Springer Nature. This book was released on 2022-07-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a selection of the latest arbitration cases, materials, and commentaries from China. It aims to provide information on the theory and practice of arbitration combined. It is intended to provide readers with a useful resource to guide them when they encounter actual China-related arbitration cases. This book is a valuable resource for all practitioners concerned with international and foreign-related arbitration matters in China, global law firms, companies engaged in multinational business, jurists, and academics.
Download or read book China International Commercial Arbitration written by and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yearbook Commercial Arbitration Volume XLVII 2022 written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2022-12-13 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVII (2022) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Bahrain, British Virgin Islands, Canada, PR China, Egypt, Greece, India, Italy, Czech Republic, Malta, Portugal, Sierra Leone, Singapore, Turkmenistan, and Ukraine; excerpts of 82 decisions applying the 1958 New York Convention from 30 countries - including, for the first time, cases from El Salvador - all indexed by subject matter and linked to the commentaries on the New York Convention published in the yearbook, authored by formal General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from one decision applying the 1965 Washington (ICSID) Convention and one decision applying the 1975 Panama (Inter-American) Convention, as well as a selection of thirteen court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
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.
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.
Download or read book International and Interregional Enforcement of Arbitral Awards written by Yifei Lin and published by Springer. This book was released on 2024-10-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to systematically illustrate the application of the New York Convention in China in English, integrating theory with practical cases. It covers a wide range of legal doctrines, judicial cases, and theoretical advancements since China became a member of the New York Convention in 1987. This book includes cases, materials, and commentaries concerning the recognition and enforcement of foreign arbitral awards in China throughout the previous 30 years. The book also addresses the mutual recognition and enforcement of arbitral awards between China mainland and Hong Kong, China mainland and Macao, China mainland and Taiwan Region. This book is organized into 6 chapters, providing a thorough research of the fundamental issues related to the enforcement of arbitral awards in China, while also offering guidance on the formalities and processes for applying to the court. This book aims mainly to enable the readers to know objectively and comprehensively how the New York Convention has been applied in China in recent years, and to provide useful information to international practitioners and academics regarding the enforcement of international and interregional arbitral awards in China. This book will serve as a valuable resource for such as lawyers and arbitrators, as it offers concise guidelines to effectively and successfully navigate arbitration proceedings. Alongside this, academics will find this book to be an excellent source of analysis in the field.
Download or read book Yearbook Commercial Arbitration Volume XLVIII 2023 written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community. With arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLVIII (2023) includes: • excerpts of fifty-three decisions applying the 1958 New York Convention from 21 countries indexed by Convention topics • excerpts from eight decisions applying the 1965 ICSID Convention and the 1975 Panama Convention • excerpts from fifty-nine decisions of general interest to the practice of international arbitration: forty-nine recent decisions of the Singapore International Commercial Court, as well as ten decisions rendered by the courts of Canada, France, Germany, and India, and by the European Court of Human Rights • two new indexes covering all reported decisions: a Table of Instruments and an Index by Subject Matter • announcements of new and amended arbitration rules, and recent developments in arbitration law and practice • an extensive Bibliography of recent books and journals on arbitration • a Compendium of Arbitral Awards Published in the Yearbook 1976 – 2022, concluding the Yearbook cycle of awards publication. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field of international arbitration, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, businesspeople and scholars involved in the practice and study of international arbitration.
Download or read book Arbitration Law and Practice in China written by Jingzhou Tao and published by Kluwer Law International B.V.. This book was released on 2012-07-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued – such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China’s most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People’s Court – the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, abundant legal instruments for quick, direct reference to the relevant law, and an annex with English texts of the most important laws and regulations, this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the Third Edition’s special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.
Download or read book Arbitration in China written by Sun Wei and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration in China has been aligned with international norms since the enactment of the Arbitration Law in 1994. The purpose of this book is to assist practitioners by describing the law governing arbitration in China as it is currently applied to practice, both domestically and internationally, taking into account the regime's numerous features. Among the details affecting arbitration practice and procedure in China covered are the following: • arbitration agreement as a precondition for any arbitration proceedings; • finality of arbitral awards without any right of appeal; • procedure governing arbitral proceedings; • the extent of permissible judicial review; • arbitrations with a connection to Hong Kong, Macau, or Taiwan; • persistent involvement of local governments in arbitration acceptance and proceedings; • rules on the handling of cases with foreign elements; • guidelines provided in the Supreme People’s Court’s judicial interpretations; • fees; • grounds for objecting to jurisdiction; • mechanisms for multi-party arbitration; • interim injunctions; • formation of arbitral tribunals; • use of expert witnesses; • enforcement of arbitral awards; and • use of mediation. Although focusing predominantly on the practical effects of Arbitration Law provisions, the authors stress practice involving China’s two commissions specifically addressing international matters, the China International Economic and Trade Arbitration Commission (CIETAC) and the Beijing Arbitration Commission (BAC). Among the numerous local commissions functioning under the Arbitration Law, special attention is paid to those in Beijing, Shanghai, and Guangzhou, which (along with CIETAC) accept the greatest number of cases with a foreign element. The book will be invaluable to corporate counsel and other practitioners dealing with Chinese companies. Scholars of comparative arbitration law will also find much here to interest them.
Download or read book Judicial Review of Arbitration written by Lin Yifei and published by Kluwer Law International B.V.. This book was released on 2018-08-14 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial arbitration relies on the possibility of enforcing arbitral decisions against recalcitrant parties. In China, a crucial world market, where the annual arbitration caseload has reached 200,000 and where arbitration is evolving, authorities attach great importance to judicial review of arbitration. This is the first book to address issues concerning the recognition and enforcement of arbitral awards under applicable law in “Greater China”—the People’s Republic (PRC), Taiwan, Hong Kong and Macao—describing and analyzing the effect of judicial review on a wealth of recent issues and cases. After providing an overview of the legal framework for Chinese arbitration and judicial review of arbitration, the book introduces and discusses the law governing the arbitration agreement, due process, the arbitrator’s power, arbitrability, formation of arbitral tribunal, mediation and public policy. In its focus on the various challenges and defenses arising at all stages of the enforcement application process, such issues and topics as the following are covered in detail: • significant judicial interpretations of the Supreme People’s Court as recent as 2018; • examination of the validity of arbitration agreements; • setting aside and enforcement of arbitral awards by PRC arbitration institutions; • role of the New York Convention and other treaties; • succession of contract; • examination of evidence; and • role of competition law and intellectual property law. In the discussion of each case and each type of issue, the book shows clearly what kind of arbitral awards can be recognized and enforced in China and what kind cannot. Comparative studies of foreign laws and practices are included where relevant, and an abundance of primary source material is provided in appendices. Practitioners, global law firms, companies doing transnational business, jurists and academics from all countries concerned with matters regarding international and foreign-related arbitration in China will welcome this invaluable source of detailed information.
Download or read book Commercial Dispute Resolution in China written by Beijing Arbitration Commission and published by Wolterskluwer HK. This book was released on 2023-10-14 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2022, with the pandemic continually impacted the world economy, coupled with the ongoing competition among major powers and the ever-changing geopolitical landscape, China’s commercial dispute resolution has adapted to the new economic form, presenting new changes and embracing new development. In the field of commercial arbitration, the amendments to the Arbitration Law were being accelerated, as it has been included in the annual legislative review projects of the Standing Committee of the National People’s Congress. The Arbitration Association of China has been registered, attracting significant attention both within and outside the industry. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center, have improved systems and rules for online arbitration and hearings, innovated the supply of arbitration services, and promoted the development of arbitration practices. Meanwhile, China’s arbitration judicial review and the opening up of arbitration have also drawn a lot of attention and highlights. In the field of commercial mediation, “headquarters-to-headquarters” online dispute resolution has been comprehensively promoted in response to the call of the times. This has driven the effective linkage of various dispute resolution mechanisms such as litigation, arbitration, and mediation, achieving good results. Various mediation organizations are constantly improving their rules and innovating their service models, which strongly promotes the development of commercial mediation. In key professional sectors, the construction of the rule of law and dispute resolution are continuously adapting to the demands of new economic forms. Since 2013, BAC/BIAC has been continuously organizing industry experts to write the Commercial Dispute Resolution in China: An Annual Review and Preview (hereinafter referred to as the “Annual Review”), which is published globally in both Chinese and English. The Annual Review and the Annual Summit based thereon have become an important window for people at home and abroad to understand the development of China’s commercial dispute resolution, establishing an important platform for dispute resolution professionals at home and abroad to communicate and interact. The Commercial Dispute Resolution in China: An Annual Review and Preview (2023) continues to uphold the concept of being rooted in and serving practice. Through systematic reviews of industry overviews, key legal regulations and policies, analysis of model cases, observations on hot issues, and forecasts for the industry in the coming year, it provides support for market entities in making business decisions and enhancing risk prevention and dispute resolution capabilities.
Download or read book Arbitration in China written by Giovanni Pisacane and published by Springer. This book was released on 2016-04-05 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive and practical overview of arbitration in the People’s Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.
Download or read book Hong Kong and China Arbitration written by Neil Kaplan and published by Butterworth-Heinemann. This book was released on 1994 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book China and International Commercial Dispute Resolution written by Qiao Liu and published by BRILL. This book was released on 2015-10-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.
Download or read book Chinese Taiwan Yearbook of International Law and Affairs Volume 40 2022 written by and published by BRILL. This book was released on 2023-12-05 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 40 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2022. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
