Managing Business Disputes In Today S China

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Managing Business Disputes in Today's China

Author : Michael J. Moser
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 41,9 Mb
Release : 2007-01-01
Category : Business & Economics
ISBN : 9789041124623

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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.

Managing 'Belt and Road' Business Disputes

Author : Michael Moser,Chiann Bao
Publisher : Kluwer Law International B.V.
Page : 460 pages
File Size : 50,8 Mb
Release : 2021-04-07
Category : Law
ISBN : 9789403519340

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Managing 'Belt and Road' Business Disputes by Michael Moser,Chiann Bao Pdf

This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the ‘Belt and Road Initiative’ (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.

Business Disputes in China

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
Page : 0 pages
File Size : 41,5 Mb
Release : 2009
Category : Arbitration and award
ISBN : 1933833289

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Business Disputes in China by Michael J. Moser Pdf

Business Disputes in China - 3rd Edition

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
Page : 490 pages
File Size : 51,7 Mb
Release : 2011-09-01
Category : Arbitration and award
ISBN : 9781933833972

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Business Disputes in China - 3rd Edition by Michael J. Moser Pdf

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.

China-EU Trade Disputes and Their Management

Author : Qingjiang Kong
Publisher : World Scientific
Page : 200 pages
File Size : 54,7 Mb
Release : 2012-03-16
Category : Electronic
ISBN : 9789814452144

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China-EU Trade Disputes and Their Management by Qingjiang Kong Pdf

The European Union (EU) has now become the largest trade partner of China. While Sino-US trade relations and particularly the high-profile trade disputes between the US and China get considerable academic attention for geopolitical reasons, less research has been done on the Sino-EU trade disputes that gradually loom large on the horizon. This book delves into the trade disputes between China and the EU and identifies the causes for trade disputes. It examines how the disputes will shape China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed. This timely book sheds light on Sino-EU trade disputes, putting these in global perspective and enriching the literature in this regard. Contents: Trade between China and the EU: A Historical PerspectiveTrade Disputes between China and the EUAn Empirical Study of Trade Defense Instruments and Their UsesThe EU's Monitoring of China's Compliance with WTO ObligationsThe EU's Trade Policy-Making MechanismChina's Trade Policy-Making MechanismTransitional Product-Specific Safeguard Measures and Their Implication for Trade Disputes between China and the EUThe Chinese and EU Approaches to Dispute Settlement in the WTO and Their ImplicationsTrade Disputes between China and the EU: Are They Manageable?Management of China-EU Trade Disputes: Beyond Disputes and Trade Readership: Trade specialists, trade lawyers, public policy makers, advanced undergraduates and graduate students in trade/business, law, and China Studies.

Doing Business in China

Author : Morgen Witzel
Publisher : Routledge
Page : 344 pages
File Size : 52,6 Mb
Release : 2016-12-19
Category : Business & Economics
ISBN : 9781317370802

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Doing Business in China by Morgen Witzel Pdf

China has changed dramatically since the first edition of Doing Business in China was published in 2000, but the second, third and now this fourth edition have kept pace with the rapid developments. China is now far more international but the fundamental business culture has not altered greatly. The new edition of this highly successful textbook offers Western and non-Chinese businesspeople a theoretical framework for the understanding of business practices, markets, negotiations, organizations, networks and the Chinese business context. Building on the strengths of the previous editions, the book provides a guide to market entry, managing operations and marketing in this unique social and cultural environment by including: Factors that lead to business success 14 new or revised case studies, including include windfarms, fine wines and new consultancy businesses Discussion of marketing issues, notably products, pricing, distribution, advertising and promotion Dos and don’ts when choosing business partners and negotiating Guides to further resources in local cultures to help businesses tailor their strategies to local conditions. Offering a fresh look at the evolving marketplaces and their interactions with government and the army, the fourth edition of Doing Business in China will continue to be the preferred text for international students of Chinese business and management studies and for practitioners with an eye on China.

Dispute Resolution in China

Author : Michael J. Moser
Publisher : Juris Publishing, Inc.
Page : 458 pages
File Size : 44,8 Mb
Release : 2012-07-01
Category : Arbitration and award
ISBN : 9781933833743

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Dispute Resolution in China by Michael J. Moser Pdf

Dispute Resolution in China provides an up-to-date summary, commentary and analysis of how disputes are settled in today’s China. Like in many other jurisdictions, litigation and arbitration are the main dispute resolution methods to settle large commercial disputes in China. While litigation is more commonly used in domestic commercial disputes, arbitration is the most popular dispute resolution method among foreign parties who conduct business in China or with Chinese parties. Each of the chapters contained in this book deals with a selected topic in dispute resolution and is authored by a leading expert in the field. This book is a necessary resource for arbitration and litigation attorneys, as well as other professionals conducting business in China’s increasingly regulated and complex business environment.

China and International Commercial Dispute Resolution

Author : Qiao Liu,Wenhua Shan
Publisher : BRILL
Page : 368 pages
File Size : 48,6 Mb
Release : 2015-10-30
Category : Law
ISBN : 9789004306738

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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.

Mentoring Comparative Lawyers: Methods, Times, and Places

Author : Francesca Fiorentini,Marta Infantino
Publisher : Springer Nature
Page : 306 pages
File Size : 42,6 Mb
Release : 2019-11-22
Category : Law
ISBN : 9783030347543

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Mentoring Comparative Lawyers: Methods, Times, and Places by Francesca Fiorentini,Marta Infantino Pdf

This volume features papers written in honor of Mauro Bussani, and celebrates the work and contributions of this renowned scholar of comparative law. The content reflects the various theoretical and practical areas in which he has already left a lasting mark. The essays explore the theory and practice of comparative law in different areas and contexts, and highlight innovative approaches to a large variety of hot-topic private and public law subjects. The authors include young scholars, lawyers, legal consultants, human rights activists, and practitioners, all of whom Professor Bussani has trained, supervised, and supported throughout their careers. The contributions emphasize the many ways in which Professor Bussani’s teaching and scientific output have enriched, revolutionized, and challenged both theory and practice. They cover e.g. the law of secured transactions, Western law and legal pluralism, fashion law, contract law in China and in the Arab World, contract and tort in the West, scientific evidence, risk regulation, global finance, human rights indicators, anti-discrimination laws, democracy and climate change law.

Governing Law and Dispute Resolution in the Oil and Gas Industry

Author : Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina
Publisher : Edward Elgar Publishing
Page : 567 pages
File Size : 45,6 Mb
Release : 2022-08-23
Category : Law
ISBN : 9781786434654

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Governing Law and Dispute Resolution in the Oil and Gas Industry by Pereira, Eduardo G.,Timonen, Tuuli,Aleynikova, Elina Pdf

The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.

International Organizations and the Promotion of Effective Dispute Resolution

Author : Anonim
Publisher : BRILL
Page : 260 pages
File Size : 40,5 Mb
Release : 2019-06-26
Category : Business & Economics
ISBN : 9789004407411

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International Organizations and the Promotion of Effective Dispute Resolution by Anonim Pdf

This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

Revolutionary Approach to International Law

Author : Eric Yong Joong Lee
Publisher : Springer Nature
Page : 323 pages
File Size : 46,5 Mb
Release : 2023-06-02
Category : Law
ISBN : 9789811979675

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Revolutionary Approach to International Law by Eric Yong Joong Lee Pdf

This book brings together critical legal analyses of ongoing global issues in the digital age by international lawyers in Asia. Digital revolution is the key to understanding the contemporary human society. In this book, the authors critically redefine the mainstream thinking and ideas of contemporary international legal issues that the global community is facing. Given the rapidly shifting global legal landscape and framework, they shed light on the theoretical and practical questions in international law and reexamine their global context. Such independent and forward-looking approach suggests the ideas to shaping the global common good in the future human society. In both theory and practice, this book is a useful guide to Asian law, politics, economy, and business providing a fair and balanced point of view.

Arbitration in China

Author : Kun Fan
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 49,5 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781782250739

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Arbitration in China by Kun Fan Pdf

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler

China in the International Economic Order

Author : Lisa Toohey,Colin B. Picker,Jonathan Greenacre
Publisher : Cambridge University Press
Page : 345 pages
File Size : 51,5 Mb
Release : 2015-04-16
Category : Law
ISBN : 9781107062016

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China in the International Economic Order by Lisa Toohey,Colin B. Picker,Jonathan Greenacre Pdf

This volume examines China's approaches to international trade law, investment law, financial law, competition law, and intellectual property.

Mergers and Acquisitions and Takeovers in China

Author : Cristiano Rizzi,Li Guo
Publisher : Kluwer Law International B.V.
Page : 288 pages
File Size : 44,9 Mb
Release : 2012-07-01
Category : Law
ISBN : 9789041142139

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Mergers and Acquisitions and Takeovers in China by Cristiano Rizzi,Li Guo Pdf

This hugely informative book - unique in its overarching emphasis on the laws governing M&As and takeovers in China - not only shows those interested in investing in China how to avoid legal mistakes and miscalculations. In addition to offering singular interpretive analysis of strictly legal matters, the authors concentrate extensively on the all-important cultural and environmental factors that can make business in China daunting for the uninitiated. Extending this double emphasis on cultural understanding and M&A and takeover expertise, the authors clearly explain such elements of how to enter the Chinese market (or expand a presence in it) as the following: concepts of guanxi and mienzi; understanding China’s rising middle class; valuation of state-owned assets; maximum permitted debt-to-equity ratios; key PRC government agencies involved in the approval of transactions; taxation framework for enterprise restructuring in China; employees as an asset; share swaps; prohibited trading activities when acquiring a listed company; legal framework for dispute resolution; administrative proceedings; liabilities for breach of contract; and responding to intellectual property rights abuse. The authors provide precise details on the characteristics of, and procedures involved in, the wide range of investment options available in China, with knowledgeable guidance on the choice of investment options and protection of investor interests. Because China is clearly a major global economic force and will continue to be so in the foreseeable future, this thorough but down-to earth guide is of immeasurable practical value to foreign investors of every kind, from multinational corporations to individual venture capitalists.