Dispute Resolution in China

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Release : 2021
Genre : Arbitration and award
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Book Rating : 594/5 ( reviews)

Dispute Resolution in China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Dispute Resolution in China write by Weixia Gu. This book was released on 2021. Dispute Resolution in China available in PDF, EPUB and Kindle. In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.

Dispute Resolution in China, Europe and World

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Release : 2020-04-11
Genre : Law
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Book Rating : 741/5 ( reviews)

Dispute Resolution in China, Europe and World - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Dispute Resolution in China, Europe and World write by Lei Chen. This book was released on 2020-04-11. Dispute Resolution in China, Europe and World available in PDF, EPUB and Kindle. This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

Dispute Resolution in the People’s Republic of China

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Release : 2019-12-02
Genre : Law
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Book Rating : 28X/5 ( reviews)

Dispute Resolution in the People’s Republic of China - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Dispute Resolution in the People’s Republic of China write by Zhiqiong June Wang. This book was released on 2019-12-02. Dispute Resolution in the People’s Republic of China available in PDF, EPUB and Kindle. This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.

China-Africa Dispute Settlement

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Release : 2011-11-02
Genre : Law
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Book Rating : 843/5 ( reviews)

China-Africa Dispute Settlement - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook China-Africa Dispute Settlement write by Won Kidane. This book was released on 2011-11-02. China-Africa Dispute Settlement available in PDF, EPUB and Kindle. The nature and magnitude of the growth in China-Africa economic relations in recent years is unprecedented and extraordinary. According to recent estimates, the value of China’s trade with African nations grew from a mere USD 10 million in the 1980s to USD 55 billion in 2006, and to more than USD 100 billion by the end of 2009, at which time nearly 1,600 Chinese companies were doing business in Africa with a direct stock investment of about USD 7.8 billion. The accelerating impetus of China-Africa trade has overtaken some crucially important features of an effective trade regime, most notably a fully trustworthy dispute resolution system. It is the current and potential future efficacy of such a system that is taken up in this book with great understanding and skill. The author evaluates existing mechanisms of dispute resolution in all aspects of China-Africa economic relations in light of the parties’ economic and cultural profiles and their evolving legal traditions, and goes on to propose a comprehensive institutional model of dispute resolution that takes full account of the economic needs and legal cultures of both China and the various African countries. Among the topics and issues that arise in the course of the book are the following: suitability of the WTO’s dispute resolution mechanism for China-Africa trade relations; domestic, bilateral, regional, and multilateral law sources affecting China-Africa commerce; the role of intra-Africa bilateral investment treaties; competing interests that underpin international investment law; relevant legal, economic, and political challenges and cultural barriers; permissible scope of regional trade regimes; national treatment versus duty to compensate; and harmonization initiatives—model laws, incoterms, restatements. The author includes in-depth analysis of how China-Africa economic relations fare in the varieties of dispute resolution methods available at the major arbitral European and American institutions—ICSID, AAA, ICC, LCIA, PCA—as well as under the rules of the China International Economic and Trade Arbitration Commission (CIETAC) and the important arbitral fora in Cairo, Kuala Lumpur, and Lagos. Endorsing institutional arbitration as the most appropriate form of resolving trade, investment, and commercial disputes arising between China and African countries, this ground-breaking analysis outlines the obstacles and shortcomings of the available means of dispute settlement, both in international and domestic contexts, and offers deeply informed recommendations for improvement of the existing system. Although the book will be welcomed by interested scholars and practitioners for its detailed discussion of how China-Africa trade relations are situated within the global trade regime, its most enduring value lies in its thorough evaluation of the available options and its proposals for structuring a legal framework within which future disputes will be effectively resolved.

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative'

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Release : 2022-09-29
Genre : Law
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Book Rating : 058/5 ( reviews)

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' write by Wenhua Shan. This book was released on 2022-09-29. China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' available in PDF, EPUB and Kindle. Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.