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Resolving Business Disputes in China (1st edition)

Resolving Business Disputes in China (1st edition)

Author: Michael Moser
Publisher: Kluwer Law International
ISBN: 9789041124166
Published In: September 2005
Format: Hardback , 844 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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When a dispute arises between a European or American firm and a Chinese business partner, this matchless source of expert guidance is exactly what a practitioner needs. It provides a lucid understanding of what kinds of disputes are likely to arise, why they arise, and exactly how to proceed with confidence toward a satisfactory resolution in post-WTO China.

Resolving Business Disputes in China explores and discusses such issues and topics as the following:

§ pertinent legislation and the commentary it has elicited;

§ relevant jurisdictional rules covering arbitration, mediation, and other alternative dispute resolution (ADR) methods;

§ drafting arbitration agreements;

§ arbitration/mediation procedure;

§ labour/employment arbitration;

§ intellectual property infringement protection measures;

§ anti-dumping measures, anti-subsidy and countervailing measures, and safeguard measures;

§ structure of the court system; and

§ judicial procedural standards and evidentiary rules.

The book summarises cases that tend to establish points of law, linking them to corresponding legislation and presenting them according to the matter of the dispute (contractual, intellectual property, technology transfer, employment, and so on). Arbitration fee schedules and a list of arbitrators are also included.

Western practitioners who deal with China, whatever the size of the enterprise they represent, need look no further than this incomparable book for the expert guidance they require.

This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.

This book was originally published by CCH Asia as the loose-leaf Resolving Business Disputes in China

§ Mediation and arbitration.

§ Administrative remedies.

§ Judicial remedies. Legislation.

§ Case summaries.