Download or read book Resolving Business Disputes in China written by Jingzhou Tao and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
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 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.
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.
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:
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.
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.
Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.
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 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.
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).
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 Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
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 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)
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.
