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Conflict of Laws in the People's Republic of China

Conflict of Laws in the People's Republic of China

Author: Zheng Sophia Tang; Yongping Xiao; Zhengxin Huo
Publisher: Edward Elgar Publishing
ISBN: 9781849808583
Published In: July 2016
Format: Hardback
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system.

Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Providing comprehensive and sophisticated analysis of current Chinese conflict of laws, the authors assess the actual judicial practice and case decisions. The book takes into account the historic, political and economic background of the subject matter, as well as relevant empirical evidence and data, especially recognizing the contribution of Chinese scholars in the field.

It concludes that the Chinese conflicts system has entered into the stage of modernization and proposes policy to improve efficiency, prevent local protectionism, balance internationalization and nationalization, democratize legislative process and improve judicial training and judicial practice.

This timely book is invaluable resource for academics and practitioners in private international law, conflict of laws, international law, international litigation, Chinese law, and international civil and commercial matters involving China.

Part I Conflict of Laws in China-History and Concept
1. Conflict of Laws in China-A Historical Perspective
2. Concepts and Preliminary Questions

Part II Jurisdiction, Procedure, Foreign Judgments and Awards
3. Jurisdiction in Chinese Courts
4. Declining Jurisdiction in Chinese Courts
5. Selected Procedural Issues in Foreign-Related Litigation in China
6. Recognition and Enforcement of Foreign Judgments in Chinese Courts
7. Recognition and Enforcement of Arbitral Awards in Chinese Courts

Part III Choice of Law
8. Choice of Law in Contracts
9. Choice of Law in Tort
10. Choice of Law in Unjust Enrichment and Negotiorum Gestio
11. Choice of Law in Property
12. Choice of Law in Intellectual Property

Part IV Interregional Conflicts and Cooperation
13. Interregional Conflicts and Cooperation between Mainland, Hong Kong, Macau and Taiwan

Part V Final Remarks
14. Chinese Conflict of Laws: Past, Present and Future Index