Arbitration in China: Rules & Perspectives

ISBN-13: 9789811006838 / Angielski / Twarda / 2016 / 213 str.

Giovanni Pisacane; Lea Murphy; Calvin Zhang

Opis

The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

Spis treści

Introduction to Chinese arbitration law.- The arbitration agreement.- Jurisdiction.- Procedural rules of arbitration.- Recognition and enforcement of the arbitral award.- A recent cause of turmoil in the landscape of Chinese arbitration: the so-called “CIETAC split”.- Commencing arbitration proceedings in China: filing a Notice of Arbitration.- Jurisdiction Challenge by the Respondent.- Applying Enforcement of Arbitration Tribunal’s Final Award.- Statutory, Judiciary and Administrative Provisions Quoted in the Text.

O autorze

Giovanni Pisacane is a business lawyer specializing in international practice. He has been practicing as a business lawyer since 1996 and has extensive experience in arbitration and mediation. He completed a Masters in Private International Law at The Hague Academy in the Netherlands. In 2004 he founded GWA, an international legal and tax consulting firm, in Shanghai. He was appointed as a Special Advisor for Italy-China business relations by the Italian Ministry of Economic Development. Giovanni Pisacane is a member of the panel of arbitrators of SHIAC (Shanghai International Arbitration Center) and VIAC (Vienna International Arbitral Centre), and is also a member of the ECLS (European China Law Studies Association), the IBA Arbitration Committee (International Bar Association) and the ICCA (International Council for Commercial Arbitration).

Lea Murphy is a business lawyer specializing in international business law. She received her Bachelor of Laws, with a focus on arbitration, from the University of Florence, and earned her LLM at the National University of Singapore and at ECUPL in Shanghai.

Her practice encompasses advising on corporate legal issues for diverse commercial transactions, resolving disputes on various matters under labor, corporate and contract law and assisting at SHIAC (Shanghai International Arbitration Center) and CIETAC (China International Economic and Trade Arbitration Commission) international commercial arbitrations.

Calvin Zhang qualified as a PRC lawyer in 2000. He is experienced in both litigation and arbitration in front of PRC Courts, the SHIAC (Shanghai International Arbitration Center) and the CIETAC (China International Economic and Trade Arbitration Commission).

With a Chinese and American legal education and training, he has represented many European and American MNCs from a wide spectrum of industries. He has also been involved in non-litigation legal services and has represented a wide range of European and American clients.

Blurb

The book provides a comprehensive and practical overview of arbitration in the People’s Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.