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Managing Business Disputes in Today's China: Duelling with Dragons


ISBN13: 9789041124623
Published: March 2007
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £182.00



Despatched in 8 to 10 days.

As more and more transnational businesses invest in China, the spectre of commercial disputes looms larger and larger. This book, a deeply knowledgeable introduction to the law and practice of commercial dispute settlement in today s China, is especially valuable because such disputes raise a plethora of issues that challenge the expertise of non-Chinese lawyers.

Written by senior lawyers with rich practical experience in China, Duelling with Dragons uses a hypothetical scenario to highlight the kinds of disputes that can arise in the course of initiating and operating a Chinese joint venture. After introductory chapters setting out the background and the disputes facing Ricepower and its investors, subsequent chapters deal with an overview and evaluation of the various options available to the parties to resolve their conflicts. These include such mechanisms as the following:

  • Arbitration inside China
  • Arbitration outside China
  • Litigation in the People s Courts
  • Administrative appeals
  • Investor-state arbitration
Specialized themes include intellectual property disputes, employment and labour disputes, criminal law aspects of business disputes, and enforcement of dispute outcomes both inside China and abroad. The book also features a detailed table of legislation and cases, and statistics on arbitration and litigation in China.

With its practical, problem-solving approach, Duelling with Dragons provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.