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Here in a revised and updated edition is a book that has been widely relied upon since |
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2003 by business people and their counsel with interests in China. Written by a foremost |
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Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration |
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Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged |
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as the preferred method for the resolution of international commercial disputes with a |
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Chinese party or parties. Covering all current legislative trends, the new edition focuses |
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on those aspects of the applicable law, interpretation and implementation that have |
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combined to produce a unique system of arbitration, often referred to as Arbitration with |
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Chinese Characteristics. |
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Both of the key international arbitration institutions, the China International Economic |
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and Trade Arbitration Commission (CIETAC) and the China Maritime Arbitration |
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Commission (CMAC) are described in depth. The author’s insightful approach highlights |
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the following aspects of the subject and more: |
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■ what is permitted and what is prohibited under the Arbitration Law;
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■ enforcement of foreign judgments in China and of Chinese judgments elsewhere;
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■ application of uniform procedural rules;
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■ measures to overcome local protectionism;
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■ effects of China’s most important bilateral investment treaties (BITs);
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■ arbitration-related interpretations of the Supreme People’s Court;
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■ forms of arbitration agreement;
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■ substantive requirements of the arbitration agreement. |
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With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for
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numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant |
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legal instruments for quick, direct reference to the relevant law– and an annex with English texts of the most important laws |
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and regulations – this book offers all the details and insights a practitioner needs. |
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While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and |
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related laws, the book’s special significance to non-Chinese practitioners lies in its attention to the difference between |
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Chinese arbitration and the prevailing practice in Western countries, particularly where such difference represents a |
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significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking |
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opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and |
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students of dispute resolution. |
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