Buch, Englisch, 400 Seiten
Buch, Englisch, 400 Seiten
ISBN: 978-1-933833-28-6
Verlag: Juris
China has become a magnet for international business. At the same time, the “China boom” has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. Business Disputes in China, written by the world’s leading China disputes experts, provides you with an overview of current dispute settlement techniques and tools.
About the Contributors:
Richard Chernick is the Chairman of JAMS.
Robert B. Davidson is Executive Director of the Arbitration Practice at JAMS. He was formerly a litigation Partner at Baker & McKenzie from 1979-2003.
Nils Eliasson is a Lawyer with Mannheimer Swartling in Stockholm.
Han Yun is a PRC Consultant of Herbert Smith LLP, Shanghai.
Kaj Hobér is a Partner of Mannheimer Swartling in the Stockholm office, and Professor of East European Commercial Law at Uppsala University, Uppsala. He is Co-Chair of the IBA sub-committee on Investment Treaty Arbitration.
Graeme Johnston is a Partner in the Shanghai office of Herbert Smith and is Head of the mainland China-based dispute resolution practice.
Nigel N.T. Li is a Partner of Lee & Li in Taiwan and is Former President of the Taipei Bar Association.
Angela Y. Lin is a Partner with Lee & Li. She is the Executive Secretary of the Continuing Legal Training Committee of Taipei Bar Association.
F. Peter Phillips was formerly Senior Vice President of The International Institute for Conflict Prevention and Resolution (formerly CPR). He is currently an independent Mediator and Arbitrator.
Kim M. Rooney is a Partner of White & Case LLP, in the Hong Kong office. She is a Member of, among other bodies, the Law Society of Hong Kong, the Law Society of England and Wales, and the International Chamber of Commerce (ICC) Hong Kong–China Business Council.
Loke-Khoon Tan is a Partner with Baker & McKenzie in its Hong Kong office. He is Past Chairman of the American Chamber of Commerce’s Intellectual Property Committee.
Huang Tao is a Partner of King & Wood in their Beijing office. He specialized in international commercial and maritime arbitrations and litigations, foreign investments in China and antidumping investigations.
Ariel Ye is a Partner of King & Wood in Beijing where she is Head of the firm’s Arbitration Practice.
Friven Yeoh is a Partner with O’Melveny & Myers’ Hong Kong office. He is a Member of the Chartered Institute of Arbitrators, China Arbitration Forum and the Law Society of England and Wales.
Yu Jianlong is Secretary General of the China International Economic & Trade Arbitration Commission (CIETAC).
Peter Yuen is a Partner in the Asia Dispute Resolution practice of Freshfields Bruckhaus Deringer in its Hong Kong office.
Autoren/Hrsg.
Weitere Infos & Material
Table of Contents
Chapter 1
Managing Business Disputes in Today’s China: Introduction
Michael J. Moser
Chapter 2
Mediating Chinese-Foreign Business Disputes: The U.S.-China Business Mediation Center
F. Peter Phillips
Chapter 3
JAMS: A Longstanding Provider of Dispute Resolution Services to the International Business Community
Robert B. Davidson and Richard Chernick
Chapter 4
Choosing an Arbitral Institution in Cross Border Commercial Arbitration
Michael J. Moser and Friven Yeoh
Chapter 5
The Influence of Culture and Traditions on Arbitration Laws in Asia
Nigel N.T. Li and Angela Y. Lin
Chapter 6
Drafting Arbitration Agreements in Commercialand M&A Transactions
Peter Yuen
Chapter 7
Validity of Arbitration Agreements under Chinese Law
Huang Tao
Chapter 8
CIETAC Arbitration in a Nutshell
Yu Jianlong
Chapter 9
Bridging the Gap between Western and Chinese Arbitration Systems: A Practical Introduction
for American Businesses
Graeme Johnston
Chapter 10
New Supreme People’s Court Interpretation on Mainland China’s Arbitration Law
Michael J. Moser and Friven Yeoh
Chapter 11
A Comparative View on Impartiality and Independence of Arbitrators in International Arbitrations
Peter Yuen
Chapter 12
The CIETAC Arbitration Rules: Two Steps Forward, Still More to Go
Michael J. Moser
Chapter 13
Litigation in the People’s Courts
Ariel Ye
Chapter 14
Cross-Border Enforcement of Commercial Judgments and Awards within China
Graeme Johnston and Han Yun
Chapter 15
Anti-Counterfeiting: The Law Now, in and Beyond
Loke-Khoon Tan
Chapter 16
Investor-State Arbitration and China — An Overview
Prof. Dr. Kaj Hobér and Dr. Nils Eliasson
Chapter 17
Resolving Business Disputes in Today’s China: Investor-State Arbitration and China— “The New, New Thing”?
Kim M. Rooney
Chapter 18
Do China’s BITs Have Teeth?
Michael J. Moser
Appendices: Institutional Rules and Documents
Appendix 1
AAA/ICDR International Arbitration Rules
Appendix 2
The Beijing Arbitration Commission Rules
Appendix 3
CIETAC International Arbitration Rules
Appendix 4
ICC Arbitration Rules
Appendix 5
HKIAC Administered Arbitration Rules
Appendix 6
SIAC Arbitration Rules
Appendix 7
SCC Arbitration Rules
