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Jurisdiction, Admissibility and Choice of Law in International Arbitration
About this book: Jurisdiction, Admissibility and Choice of Law in International Arbitration, as the name suggests, discusses the jurisdiction, admissibility and choice of law provisions applied in the arbitration. These three elements play a prominent role in administering arbitration proceedings and are oft-cited in several awards and court decisions, particularly in cases transcending boundaries. In light of the growing demand for international arbitration, there is a need for literature to discuss these elements and analyse how they are applied across various jurisdictions. Although there are books available on each of these factors separately, this book specializes in analysing all these...
A Guide to the HKIAC Arbitration Rules 2e
The second edition of a commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules providing practitioners with an inside perspective on how the HKIAC administers arbitrations under their rules.
Asia Arbitration Handbook
A comprehensive, single volume reference work on the law and practice of local arbitration, international commercial arbitration and investor-state arbitration across 24 key jurisdictions of Asia.
The Limits of the Rule of Law in China
In The Limits of the Rule of Law in China, fourteen authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People’s Republic of China.
Managing 'Belt and Road' Business Disputes
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 ari...
China's Marine Legal System and the Law of the Sea
Being one of the largest coastal States in the world, China’s marine legal system is significant in the overall development of the international law of the sea. This book focuses on the establishment and development of China’s marine legal system in the context of the new law of the sea centered on the 1982 United Nations Convention on the Law of the Sea, which China ratified in 1996. It consists of five parts concerning, respectively, a general survey of China’s marine legal system, navigation and maritime security, marine resources management, marine environmental protection and marine scientific research. China’s basic marine laws and regulations are discussed and assessed in detail throughout the book. The book is of interest to lawyers, whether practicing or academic, officials in national governments and international organizations and students and scholars in academia, who are interested in international law, international relations and ocean affairs.
Joint Ventures in the People's Republic of China
When Chinese leaders announced in late 1978 that China would "open to the outside world," they embarked on a strategy for attracting private foreign capital to spur economic development. At the same time, they were concerned about possible negative repercussions of this policy. Margaret Pearson examines government efforts to control the terms of foreign investment between 1979 and 1988 and, more broadly, the abilities of socialist states in general to establish the terms of their own participation in the world economy. Drawing on interviews with Chinese and foreigners involved in joint ventures, Pearson focuses on the years from 1979 through 1988, but she also comments on the fate of the "op...
China and Globalization
An accessible, introductory text on contemporary China, this book covers the social, economic, and political factors responsible for China's revolutionary changes, and interweaves this structural analysis with a consideration of social changes at the micro and macro levels.
Public Policy Exception Under The New York Convention
The Public Policy Exception under the New York Convention: History, Interpretation, and Application describes in detail the drafting history of the public policy exception of Art. V (2) (b) of the New York Convention in order to determine the purpose the signatory states wanted to achieve with this clause. The book also explains how this clause is applied by the courts in many economically relevant states, and especially in Brazil, Russia, India, and China. In September 2012, the Indian Supreme Court, in a case entitled Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc., announced a long expected decision practically reversing the judgments of Bhatia International and Venture G...
New Horizons in International Commercial Arbitration and Beyond
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
