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Vol 21 No 11 Nov/Dec 2016

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Arbitration in China: A Practitioner's Gude

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ISBN13: 9789041148407
Published: September 2015
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00



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Arbitration in China has been aligned with international norms since the enactment of the Arbitration Law in 1994. The purpose of this book is to assist practitioners by describing the law governing arbitration in China as it is currently applied to practice, both domestically and internationally, taking into account the regime’s numerous features. Among the details affecting arbitration practice and procedure in China covered are the following:

  • arbitration agreement as a precondition for any arbitration proceedings;
  • finality of arbitral awards without any right of appeal;
  • procedure governing arbitral proceedings;
  • the extent of permissible judicial review;
  • arbitrations with a connection to Hong Kong, Macau, or Taiwan;
  • persistent involvement of local governments in arbitration acceptance and proceedings;
  • rules on the handling of cases with foreign elements;
  • guidelines provided in the Supreme People’s Court’s judicial interpretations;
  • fees;
  • grounds for objecting to jurisdiction;
  • mechanisms for multi-party arbitration;
  • interim injunctions;
  • formation of arbitral tribunals;
  • use of expert witnesses;
  • enforcement of arbitral awards; and
  • use of mediation.
Although focusing predominantly on the practical effects of Arbitration Law provisions, the authors stress practice involving China’s two commissions specifically addressing international matters, the China International Economic and Trade Arbitration Commission (CIETAC) and the Beijing Arbitration Commission (BAC). Among the numerous local commissions functioning under the Arbitration Law, special attention is paid to those in Beijing, Shanghai, and Guangzhou, which (along with CIETAC) accept the greatest number of cases with a foreign element. The book will be invaluable to corporate counsel and other practitioners dealing with Chinese companies. Scholars of comparative arbitration law will also find much here to interest them.

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Subjects:
Other Jurisdictions , Arbitration and Dispute Resolution, China
Contents:
Table of Contents»
Foreword;
Preface
Bilingual Table of Chinese Legislation and Precedents Cited
CHAPTER 1 Introduction
CHAPTER 2 The Arbitration Law, Relevant Judicial Interpretations and International Treaties
CHAPTER 3 Arbitration Agreements
CHAPTER 4 Foreign Arbitration, Arbitration with a Foreign Element and Domestic ArbitratioN
CHAPTER 5 The Applicable Law
CHAPTER 6 Limitation Periods in Arbitration
CHAPTER 7 Requests for Arbitration, Acceptance of Proceedings and the Defence
CHAPTER 8 Objections to Jurisdiction
CHAPTER 9 Counterclaim
CHAPTER 10 Mechanisms for Multi-party Arbitration
CHAPTER 11 Preservation of Property
CHAPTER 12 Preservation of Evidence
CHAPTER 13 Interim Injunctions in Arbitration
CHAPTER 14 Representation
CHAPTER 15 Arbitral Tribunal
CHAPTER 16 Evidence
CHAPTER 17 The Hearing;
CHAPTER 18 Arbitral Award;
CHAPTER 19 Enforcement of Arbitral Awards
CHAPTER 20 Judicial Review over Arbitration
CHAPTER 21 Med-Arb
CHAPTER 22 Interim Measures Ordered by Emergency Arbitrator or Arbitral Tribunal
Index

Series: Arbitration in

International Arbitration in Italy ISBN 9789041138019
To be published December 2017
Kluwer Law International
£124.00
Arbitration in France ISBN 9789041159229
To be published July 2017
Kluwer Law International
£136.00
Arbitration in Mexico ISBN 9789041151612
Published May 2017
Kluwer Law International
Price on Application
Arbitration in the Netherlands ISBN 9789041156129
To be published May 2017
Kluwer Law International
£137.00
International Arbitration in the United States ISBN 9789041150165
To be published January 2017
Kluwer Law International
£152.00
Arbitration in Belgium: A Practitioner's Guide ISBN 9789041152251
Published April 2016
Kluwer Law International
£148.00
Arbitration in Romania: A Practitioner's Guide ISBN 9789041166982
Published March 2016
Kluwer Law International
£140.00
Arbitration in Germany: The Model Law in Practice 2nd ed ISBN 9789041158604
Published December 2014
Kluwer Law International
£148.00
Arbitration in Turkey ISBN 9789041149817
Published December 2014
Kluwer Law International
£132.00
Arbitration in Switzerland: A Practitioner's Handbook ISBN 9789041133779
Published October 2013
Kluwer Law International
£224.00
£140.00
Arbitration in Africa: A Practitioner's Guide ISBN 9789041135209
Published June 2013
Kluwer Law International
£136.00
£120.00