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International Arbitration in the People's Republic of China

International Arbitration in the People's Republic of China Commentary, Cases and Materials, 2nd Edition

Author: Cheng Dejun; Michael J Moser; Wang Shengchang
Publisher: LexisNexis Hong Kong
ISBN: 9780409999709
Published In: December 2000
Format: Paperback , 1320 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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Over the past ten years, trade with and investment in China has increased dramatically. So too has the number of disputes involving foreign companies. For the most part, these disputes are being settled through arbitration, rather than by appeal to the courts. Moreover, as most Chinese contracts have stipulated that arbitration be held in China, most disputes are being settled under Chinese arbitration rules.

The second edition covers the significant changes which have occurred in China since the first edition was published in 1995. It incorporates the new arbitration system which followed the implementation of the Arbitration Law in 1995, and updates previous material to reflect the China International Economic Trade Arbitration Commission (CIETAC) Rules which were issued in 1998. International Arbitration in the PRC – Commentary, Cases and Materials provides detailed information on PRC arbitration law, the arbitration institutions, arbitral proceedings and enforcement of arbitral awards, with sample CIETAC and CMAC awards included for illustration. In addition to 17 chapters of commentary and cases, the appendices include relevant legislation, rules and materials in English and, where available, Chinese.

Part I: Commentary

l The PRC Arbitration Law

l The arbitration institutions

l Jurisdiction and the Arbitration Agreement

l Applicable law

l The arbitral proceedings

l Mediation and arbitration

l Awards

l Enforcement of arbitral awards

Part II: Case summaries

l Cases involving the sale and purchase of goods

l Arbitration of disputes involving processing and assembly and compensation trade

l Cases involving joint ventures

l CMAC cases relating to maritime disputes

Part III: Sample awards

l CIETAC Awards

Part IV: Domestic arbitration and court proceedings

Part V: Materials

l CIETAC Arbitration Rules and related materials

l Legislation relevant to international arbitration

l Mediation and conciliation

l Domestic arbitration materials and court notices

l Treaties and conventions

l Other materials

Cheng Dejun, Vice Chairman, China International Economic and Trade Arbitration Commission and China Maritime Arbitration Commission; Legal Counsel, China Council for the Promotion of International Trade; Professor of Law, People’s University of China

Michael J Moser, JD (Harvard), PhD (Colombia); Member of the Bar, New York and Washington DC; Arbitrator, China International Economic and Trade Arbitration Commission; Fellow of the Chartered Institute of Arbitrators; Visiting Lecturer in Law, Peking University

Wang Shengchang, Vice Chairman and Member, China International Economic and Trade Arbitration Commission; Deputy Director, Legal Affairs Department, China Council for the Promotion of International Trade; Visiting Professor of Law, International Business Management Institute