Contract Guanxi And Dispute Resolution In China

Author : Tahirih V. Lee
Publisher : Taylor & Francis
Page : 442 pages
File Size : 55,7 Mb
Release : 1997
Category : History
ISBN : 0815324839

Get Book

Contract, Guanxi, and Dispute Resolution in China by Tahirih V. Lee Pdf

Guanxi Winn, Jane Kaufman "Relational Practices and the Marginalization of Law: Informal Financial Practices of Small Businesses in Taiwan" "Law and Society Review 28"(1994) Contract Chang, Phyllis L. "Deciding Disputes: Factors that Guide Chinese Courts in the Adjudicaiton of Rural Responsibility contract Disputes" "Law and Contemporary Problems 52" (1989) * Cheng, Lucie and Arthur Rosett "Contract with a Chinese Face" "Journal of Chinese Law 5" (1991) * Lee, Tahirih V. "Risky Business: Courts, Culture, and the Marketplace" "University of Miami" "Law Review 47" (1993) * Scogin, Hugh "Between Heaven and Earth: Han Contracts" "University of Southern California Law Review 63" (1990) Dispute Resolution Clarke, Don. "Dispute Resolution in China" "Journal of Chinese Law 5" (1991) * Finder, Susan "The Supreme People's Court of the PRC" "Journal of Chinese Law 7" (1993) * Jianxin, Ren. "Mediation, Conciliation, Arbitration and Litigation inthe PRC" "International Business Lawyer" (October, 1987) * Josephs, Hilary "Defamation, Invasion of Privacy, and the Press in the People's Republic of China""Pacific Basin Law Journal 11" (1993) * Woo, Margaret Y.D. "Abjudication Supervision and Judicial Independence in the PRC" "American Journal of Comparative Law 39 "(1991)

Author : Michael J. Moser
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 45,7 Mb
Release : 2007-01-01
Category : Business & Economics
ISBN : 9789041124623

Get Book

Managing Business Disputes in Today's China by Michael J. Moser Pdf

With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.

Author : Jacques H. Herbots
Publisher : Die Keure Publishing
Page : 252 pages
File Size : 41,8 Mb
Release : 2018-03-12
Category : Law
ISBN : 9789048632732

Get Book

Contracts in the People’s Republic of China by Jacques H. Herbots Pdf

A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.

Author : Jianli Song
Publisher : Springer Nature
Page : 302 pages
File Size : 54,5 Mb
Release : 2024-06-15
Category : Electronic
ISBN : 9789819990818

Get Book

Foreign-Related Commercial Disputes Resolution in China by Jianli Song Pdf

Author : Zhiqiong June Wang,Jianfu Chen
Publisher : BRILL
Page : 339 pages
File Size : 50,8 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004331280

Get Book

Dispute Resolution in the People’s Republic of China by Zhiqiong June Wang,Jianfu Chen Pdf

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.

Author : Virginia Harper Ho
Publisher : Institute of East Asian Studies University of California - B
Page : 292 pages
File Size : 51,6 Mb
Release : 2003
Category : Law
ISBN : UOM:39015060808550

Get Book

Labor Dispute Resolution in China by Virginia Harper Ho Pdf

Author : Qiao Liu,Wenhua Shan
Publisher : BRILL
Page : 368 pages
File Size : 55,7 Mb
Release : 2015-10-30
Category : Law
ISBN : 9789004306738

Get Book

China and International Commercial Dispute Resolution by Qiao Liu,Wenhua Shan Pdf

China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.

Author : Wolters Kluwer Hong Kong,Beijing Arbitration Commission / Beijing International Arbitration Center
Publisher : Wolterskluwer HK
Page : 532 pages
File Size : 47,7 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789887840572

Get Book

Commercial Dispute Resolution in China by Wolters Kluwer Hong Kong,Beijing Arbitration Commission / Beijing International Arbitration Center Pdf

2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges and endured new reforms while embracing new developments. The promulgation of new laws and regulations in 2020, including the Civil Code of the People’s Republic of China and the Supplementary Arrangements on Mutual Implementation of Arbitral Awards in Mainland China and Hong Kong Special Administrative Region, has elevated the arbitration system to a higher level. Arbitration institutions such as the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as “BAC/BIAC”) carried out anti-pandemic measures in a timely manner to ensure the well-functioning of the arbitration procedures. Meanwhile, China’s judicial supervision on arbitration and arbitration disclosure have undergone impressive developments. In 2020, the procedural standards of commercial mediation were further optimized, and commercial mediation institutions continued to expand and grow, while the number of mediation cases increased steadily. The “one-stop” diversified dispute resolution system was fully advanced, and the systems of litigation-mediation and arbitration-mediation have been constantly improved. Online mediation mechanism was rapidly developed in response to the new norms of pandemic prevention and control. Sino-foreign joint mediation mechanism has been gradually established, and international commercial mediation rules and systems are continuously refined. While rolling out countermeasures in full scale to mitigate impacts of pandemic, China achieved some eye-catching accomplishments in terms of legal system development and dispute resolution practices in 2020. To present an in-depth and systematic report on the 2020 practices and developments in the aforementioned fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles: First, focus on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed information thereof. Second, focus on consistency and systematises. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective. Third, focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers.

Author : Beijing Arbitration Commission / Beijing International Arbitration Center
Publisher : Wolterskluwer HK
Page : 792 pages
File Size : 42,8 Mb
Release : 2020-09-17
Category : Law
ISBN : 9789887935766

Get Book

Commercial Dispute Resolution in China by Beijing Arbitration Commission / Beijing International Arbitration Center Pdf

In 2019, the world economic slowdown already under way reflected common influence across the countries. The cyclical and structural slowdowns in China have fueled disputes in the marketplace and thus created a rising number in the statistics of commercial dispute resolution in China. Many developments in the field of arbitration and mediation mark the milestones of building the rule-based practice. Some of these developments have already brought positive effects in the dispute resolution industry amid the slowing down economy. To present an insightful understanding of the developments of commercial dispute resolution in China, the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the "BAC/BIAC") continuingly invites experts to author 12 chapters of this book, namely, the chapters on commercial arbitration, commercial mediation, construction, real estate, energy, international trade, investment, finance, intellectual property, civil aviation, entertainment, and sports. The impact of economic slowdown also projects profound changes in each different specialized sector. More detailed and targeted legislation and regulations have emerged in 2019 as the response to the changing climate of the business environment. In this book, experts from the front line gathered and wrote each chapter as the reflection of their first-hand experience on the overview, updates of legislation and regulation, case studies, debated issues, and outlook of the industries. It is the eighth edition of the Annual Review and Preview of the Commercial Dispute Resolution in China. In this edition, for the first time, experts from in-and-out China co-authored one of the chapters, i.e.., the chapter on sport, which is a new creation of this book. The authors of this new chapter examine the Chinese legislation, regulation, and cases in the field of sport from different perspectives. For example, the athlete Yang Sun’s arbitration case has been debriefed and may help readers gain the pulse of the dispute resolution of sport in China. In general, the book presents to all stakeholders a reference of the commercial dispute resolution in China and unlocks intricacies of each different sectors. This book endeavors to record the development of rules, leading cases, and the pulse of the field. By reading this book, practitioners will understand what to look for when solving commercial disputes in China.

Author : Daniel Aaron Rubenstein
Publisher : Unknown
Page : 306 pages
File Size : 50,6 Mb
Release : 1996
Category : Contracts
ISBN : STANFORD:36105062250910

Get Book

Transaction Costs and Market Culture Under China's Contract Law Reform by Daniel Aaron Rubenstein Pdf

Author : Beijing Arbitration Commission / Beijing International Arbitration Center
Publisher : Wolterskluwer HK
Page : 745 pages
File Size : 50,8 Mb
Release : 2019-08-23
Category : Law
ISBN : PKEY:6610000218769

Get Book

Commercial Dispute Resolution in China by Beijing Arbitration Commission / Beijing International Arbitration Center Pdf

Twenty-eighteen marked the 40th anniversary of China’s reform and opening-up policy. Profound changes have been seen internally and externally, prior to 2018, during 2018, and continuing beyond 2018, which echo China’s great quest for reform and engaging with the world and shape the future of the dispute resolution industry in China. “Economic stability”, “economic restructuring and upgrading”, and “Sino-US trade friction” are clues to internal and external changes in 2018. Reviewing changing conditions in dispute resolution across a wide range of industries, the authors of Commercial Dispute Resolution in China: An Annual Review and Preview (2019) [hereinafter referred to as the “An Annual Review and Preview (2019)”] preview challenges that are yet to come. In Annual Review on Real Estate Dispute Resolution in China (2019), for example, the authors present a case study on the Linkage of the First and Second Level Projects and preview potential disputes of Securitization of real estate. In Annual Review on Investment Dispute Resolution in China (2019), the authors describe the arrangement of fixed income and equity repurchase under the backdrop of a slowing economy. In Annual Review on Energy Dispute Resolution in China (2019), the author focuses on policies and cases relating to Chinese transnational M&As, illustrating opportunities and challenges for future “Going Global” transactions in the energy sector. In Annual Review on International Trade Dispute Resolution in China (2019), the authors analyze the challenges posed by the China-US Trade War, and call for better compliance, industrial upgrading, and better understanding of the legal environment and trade protection measures in different jurisdictions in the process of “Going Global.” Decentralization and a continuing opening-up of China’s markets are also key in understanding economic and international changes. In Annual Review on Construction Dispute Resolution in China (2019), the authors introduce two examples, namely the promulgation of the Interpretation II on Issues Concerning the Application of Law for the Trial of Cases of Dispute over Construction Contracts by the Supreme People’s Court, and cancellation of construction contract record-filing by the Ministry of Housing and Urban-Rural Development, which reflect the ongoing transformation of social governance and the reforms of “delegate power, improve regulation and optimize services” (“DIO” reform) in the construction sector. In Annual Review on Financial Dispute Resolution in China (2019), the author describes the opening of the futures market, clearly demonstrating the Chinese government’s determination to open financial and capital markets.

Author : Pitman B. Potter
Publisher : Routledge
Page : 571 pages
File Size : 40,6 Mb
Release : 2005-07-08
Category : Social Science
ISBN : 9781134561292

Get Book

The Chinese Legal System by Pitman B. Potter Pdf

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.

Author : Lei Chen,André Janssen
Publisher : Springer Nature
Page : 294 pages
File Size : 54,7 Mb
Release : 2020-04-11
Category : Law
ISBN : 9783030429744

Get Book

Dispute Resolution in China, Europe and World by Lei Chen,André Janssen Pdf

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).

Author : Beijing Arbitration Commission,Beijing International Arbitration Center
Publisher : Wolterskluwer HK
Page : 340 pages
File Size : 41,9 Mb
Release : 2022-11-14
Category : Law
ISBN : 9789887617150

Get Book

Commercial Dispute Resolution in China by Beijing Arbitration Commission,Beijing International Arbitration Center Pdf

In 2021, the COVID-19 pandemic continued to affect economic development. In addition, due to the changing global situation, international competition was increasingly fierce. Under the circumstances of major changes and a pandemic unseen in a century, commercial dispute resolution in China is confronting new challenges, facing new changes and ushering in new developments. In the field of commercial arbitration, the promulgation of the Arbitration Law (Revision) (Draft for Comment) brought about many reforms to China’s current arbitration system, aroused widespread attention and discussion in the industry, and boosted arbitration research and the arbitration legal system to new levels. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”), have duly issued new rules according to the needs of case handling and pandemic prevention and control in order to guide new arbitration practices, and the highlights of China’s judicial supervision and opening-up of arbitration are eye-catching. In the field of commercial mediation, the Supreme People’s Court has continuously promoted the development of a “one-stop” diversified dispute resolution system to support international commercial mediation organizations in providing mediation services in free trade zones; the Shenzhen Intermediate People’s Court has innovatively introduced third-party mediation organizations to participate in bankruptcy reconciliation; and practices in coordination between arbitration and mediation have been constantly enriched. Commercial mediation is playing an increasingly important role in alternative dispute resolution in China. In key professional fields, while actively responding to the impacts of the pandemic and focusing upon the resumption of work and production, legal construction and dispute resolution have also been developing.

Author : Wenhua Shan,Sheng Zhang,Jinyuan Su
Publisher : Cambridge University Press
Page : 357 pages
File Size : 47,8 Mb
Release : 2021-02-18
Category : Business & Economics
ISBN : 9781108473392

Get Book

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' by Wenhua Shan,Sheng Zhang,Jinyuan Su Pdf

The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.