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Arbitration in China

پدیدآوران:
دسته بندی:

شابک: ۹۷۸۹۸۱۱۰۰۶۸۳

سال چاپ:۲۰۱۶

کد کتاب:103
۲۲۱ صفحه - وزيري (شوميز) - چاپ ۲
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This piece wishes to provide the reader with a general overview of the practice of arbitration in China from the perspective of a foreign business operator. It was drafted keeping in mind the possibility that the foreign business operator is present in China either directly, or through a company incorporated and existing under the laws of China. Aside from the option of submitting disputes to arbitration administered by Chinese institutions, the (rather problematic) option of having arbitration conducted in China under the rules of a foreign arbitration institution, or having arbitration carried out without relying on any institution, will also be examined. Proceedings at non-Chinese arbitration institutions, as well as the recognition and enforcement abroad of arbitral awards rendered in China are not covered in this short guide. This piece is not meant to thoroughly deal with every issue that might arise when arbitrating in China; rather, care was taken to cover the most important issues. This guide addresses both the practical needs of business operators as well as provides more technical insights for foreign legal counsel evaluating arbitration in China. The order of topics in Chaps. 1–6 reflects, as closely as possible, the normal sequence of events in an arbitration. After an Introduction dedicated to general definitions and issues, the following chapter deals with the drafting of the arbitration agreement touching on the main issues that a business operator and his legal counsel should keep in mind at this stage. The chapter on Jurisdiction explores the problems that may arise when a party to the arbitration agreement, disregarding said agreement, applies to Chinese courts for a ruling. An overview of procedural rules governing arbitration at the main Chinese arbitral institutions is provided. Finally, a chapter on Recognition and Enforcement deals with the problems related to the setting aside of an arbitral award rendered in China, as well as with the enforcement procedure to be followed in the event the losing party does not voluntarily comply with the award. Chapters 7 and 8 respectively address sample arbitration proceedings and the most common questions regarding arbitration in China.