Arbitration in China: A Practitioner's Guide

Author: Sun Wei; Melanie Willems
Publisher: Kluwer Law International
ISBN: 9789041148407
Published In: September 2015
Format: Hardback , 455 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
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.
Foreword

Preface

Bilingual Table of Chinese Legislation and Precedents Cited

CHAPTER 1 Introduction

CHAPTER 2 The Arbitration Law, Relevant Judicial Interpretations and International Treaties

CHAPTER 3 Arbitration Agreements

CHAPTER 4 Foreign Arbitration, Arbitration with a Foreign Element and Domestic Arbitration

CHAPTER 5 The Applicable Law

CHAPTER 6 Limitation Periods in Arbitration

CHAPTER 7 Requests for Arbitration, Acceptance of Proceedings and the Defence

CHAPTER 8 Objections to Jurisdiction

CHAPTER 9 Counterclaim

CHAPTER 10 Mechanisms for Multi-party Arbitration

CHAPTER 11 Preservation of Property

CHAPTER 12 Preservation of Evidence

CHAPTER 13 Interim Injunctions in Arbitration

CHAPTER 14 Representation

CHAPTER 15 Arbitral Tribunal

CHAPTER 16 Evidence

CHAPTER 17 The Hearing

CHAPTER 18 Arbitral Award

CHAPTER 19 Enforcement of Arbitral Awards

CHAPTER 20 Judicial Review over Arbitration

CHAPTER 21 Med-Arb

CHAPTER 22 Interim Measures Ordered by Emergency Arbitrator or Arbitral Tribunal

Index