Arbitration in China : a practitioner's guide / Sun Wei, Melanie Willems.

Format:

Book

Author/Creator:

Sun, Wei (Lawyer), author.

Willems, Melanie, author.

Language:

English

Subjects (All):

Arbitration and award--China.

Arbitration and award.

Physical Description:

xix, 442 pages

Place of Publication:

Alpen aan den Rijn, The Netherlands : Wolters Kluwer, [2015]

Summary:

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.

Contents:

The arbitration law, relevant judicial interpretations and international treaties

Arbitration agreements

Foreign arbitration, arbitration with a foreign element and domestic arbitration

The applicable law

Limitation periods in arbitration

Requests for arbitration, acceptance of proceedings and the defence

Objections to jurisdiction

Counterclaim

Mechanisms for multi-party arbitration

Preservation of property

Preservation of evidence

Interim injunctions in arbitration

Representation

Arbitral tribunal

Evidence

The hearing

Arbitral award

Enforcement of arbitral awards

Judicial review over arbitration

Med-arb

Interim measures ordered by emergency arbitrator or arbitral tribunal.

Notes:

"Bilingual table of Chinese legislation and precedents cited" in Chinese and English.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-411-6827-3