Arbitration Law and Practice in China
By: Jingzhou Tao
About This Book
The new rules of the China International Economic and Trade Arbitration Commission (CIETAC) that came into effect on 1 May 2012 are widely recognized as the full commitment of the Chinese government to the international arbitration system. Clarifications of the scope of the Arbitration Law to include contractual disputes, disputes over rights and interests in property, and disputes between legal persons and other organizations, as well as the firm establishment of the arbitration agreement as the sole and exclusive basis for founding the jurisdiction of an arbitral tribunal, greatly allay any residual apprehension on the part of foreign investors. This third edition of a book that has been widely relied upon since 2003 by business people and their counsel with interests in China is the first publication to offer comprehensive and authoritative coverage of the CIETAC Rules 2012. In addition to the matchless features for which earlier editions are so greatly valued - such as in-depth coverage of enforcement of foreign judgements in China and of Chinese judgements elsewhere, measures to overcome local protectionism, effects of China's most important bilateral investment treaties (BITs), and arbitration-related interpretations of the Supreme People's Court - the new edition highlights such aspects of the CIETAC Rules 2012 as the following: the new mechanism of consolidation of arbitrations; power to grant interim measures via the forms of procedural orders or interim awards; procedure of suspension of arbitration; conservator measures; interlocutory award and partial award; combining conciliation with arbitration; and expedited process under a new summary procedure. With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, abundant legal instruments for quick, direct reference to the relevant law, and an annex with English texts of the most important laws and regulations, this book offers all the details and insights a practitioner needs. While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the Third Edition's special significance lies in its thorough and timely coverage of the CIETAC Rules 2012. For this reason especially it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution.
AI Overview
"Arbitration Law and Practice in China" by Jingzhou Tao is a comprehensive guide to the arbitration laws and practices in China. Here is a detailed overview of the book:
Key Themes
- Arbitration Practice in China: The book provides a detailed, practical examination of Chinese arbitration practice and related laws. It covers various aspects of arbitration, including the legal framework, procedural rules, and best practices.
- Legal Framework: It delves into the legal structure governing arbitration in China, including the Arbitration Law of the People's Republic of China and other relevant regulations.
- Procedural Rules: The book discusses the procedural rules and guidelines for conducting arbitrations in China, including the roles of the parties, arbitrators, and the arbitration institutions.
- Case Studies and Examples: It includes case studies and examples to illustrate the practical application of the laws and procedures, making it a valuable resource for practitioners and scholars.
- International Comparisons: The book also provides comparisons with international arbitration practices, which is useful for those dealing with cross-border disputes involving Chinese parties.
Plot Summary
The book is structured to provide a thorough understanding of the arbitration system in China. It begins with an introduction to the legal framework governing arbitration, followed by detailed chapters on the procedural rules and practices. The book also covers specialized topics such as the role of arbitration institutions, enforcement of awards, and dispute resolution mechanisms.
Critical Reception
While specific reviews of the book are not readily available, the book has been widely relied upon by business people and their counsel with interests in China since its first edition in 2003. The third edition, published in 2012, is particularly noted for its comprehensive coverage and practical insights, making it a valuable resource for practitioners and scholars in the field of international arbitration.
Author Background
Jingzhou Tao is a renowned expert in international law and arbitration. He has a long career in international law firms and has held various prestigious positions, including Managing Partner of China Practice at Coudert Brothers and Senior Partner at Jones Day. Professor Tao is also a member of several international arbitration committees and advisory boards, adding to his credibility in the field.
Editions and Availability
The book is available in both print and digital formats. The third edition, published by Kluwer Law International B.V., is priced at $131.06 USD and includes built-in study tools, read-aloud functionality, and offline access.