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Resolving Business Disputes in China

Resolving Business Disputes in China

  • Author:
  • Publisher: CCH Hong Kong
  • ISBN: 9810495641
  • Published In: Subscription-type (Contents updated periodically)
  • Format: Loose-leaf
  • Jurisdiction: China ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 

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The authoritative guide provides an understanding of Alternative Disputes Resolution (ADR) development and practices in China. It explores the various dispute resolution mechanisms in the Chinese context and the relevant jurisdictional rules governing ADR. The publication not only presents theoretical explanations and background of Chinese laws and policies pertaining to ADR in China, it also gives an easy-to-follow practical guide on how to resolve disputes in the post-WTO scenario.

Features:

1. Material provided by experienced expert in China and international ADR system and who has authored many books/articles worldwide.

2. Emphasises the practical aspects of resolving business disputes in China within the legal framework.

3. Brings together a discussion of all the pertinent ADR and arbitration legislation, and their practical commentary-application, all in one accessible publication.

4. Cases which tend to establish a particular point of law are summarised in the same chapter and linked in the discussion in the relevant paragraph. Specific statues that require attention are highlighted in the same discussion as well.

5. Users will benefit from the miscellaneous info re. recommended arbitration provision, arbitration fee schedules, list of arbitrators and case summaries.

Keeps users up-to-date with changes in law whenever necessary

Section I: Arbitration/Mediation

 

· Mediation in China

· Arbitration System in China

· Arbitration Agreements

· Arbitration Procedure

· Enforcement of Arbitration Awards in China

· Arbitrators

· Special Arbitration (Labour/Employment)

 

Section II: Administrative Remedies

 

· IP Infringement Protection Measures

· Antidumping Legislation and Practice

· Anti-subsidy and Countervailing Measures in China

· Safeguard Measures and Practice in China

 

Section III: Judicial Remedies

 

· Court System: Current Structure

· Procedural Standards

· Evidentiary Rules

· Special Litigation

· Administrative Litigation

· Enforcement of Judgment

· Judicial Co-operation

 

Section IV: Legislation

 

· Laws and Regulations

· Arbitration and Conciliation Rules

· Notices of the Supreme People’s Court

 

Section V: Case Summaries

 

· Contractual disputes

· Trade disputes

· Intellectual Property disputes

· Joint Venture Contract disputes

· Technology Transfer disputes

· Employment disputes

· Enforcement disputes

· Jurisdiction disputes

 

Section V: Miscellaneous

 

· Recommended Arbitration Provisions

· Arbitration Fee Schedule

· List of Arbitrators

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