Arbitration in China
A Practitioner's Guide
By: Sun Wei, Wei Sun, Melanie Willems
The Arbitration Law, Relevant Judicial Interpretations and International Treaties --Arbitration Agreements --Foreign Arbitration, Arbitration with a Foreign Element and Domestic Arbitration --The Applicable Law --Limitation Periods in Arbitration --Requests for Arbitration, Acceptance of Proceedings and the Defence --Objections to Jurisdiction --Counterclaim --Mechanisms for Multi-party Arbitration --Preservation of Property --Preservation of Evidence --Interim Injunctions in Arbitration --Representation --Arbitral Tribunal --Evidence --The Hearing --Arbitral Award --Enforcement of Arbitral Awards --Judicial Review over Arbitration --Med-Arb --Interim Measures Ordered by Emergency Arbitrator or Arbitral Tribunal.
AI Overview
"Arbitration in China: A Practitioner's Guide," edited by Wei Sun and Melanie Willems, is a comprehensive guide to the law and practice of arbitration in China. Here is a detailed overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Overview of Chinese Arbitration Law:
- The book provides a detailed overview of the law governing arbitration in China, including the current application of these laws in practice.
Domestic and Foreign-Related Disputes:
- It covers the dual tracks of domestic and foreign-related disputes in Chinese legislation and arbitration practice, highlighting the unique features of the Chinese arbitration system.
Arbitral Institutions in China:
- The book includes an overview of the main Chinese arbitral institutions, their rules, and the requirements for the validity of an arbitration agreement.
Interim Relief and Arbitral Proceedings:
- Chapters address the courts’ and arbitrators’ powers to grant interim relief, as well as the rules and legal standards on party representation, appointment and replacement of arbitrators, fact and witness evidence, and the conduct of hearings.
Recognition and Enforcement of Awards:
- It discusses the recognition and enforcement of arbitral awards, which is often cited as one of the greatest obstacles in arbitration in China.
Cultural and Historical Roots:
- The book touches on the cultural and historical roots of Chinese arbitration, including the Confucian heritage, influences from a communist era with a planned economy, and the young modern arbitration system still in development.
Plot Summary
The book is structured to assist practitioners by providing a comprehensive guide to the law and practice of arbitration in China. It covers various aspects of arbitration, including:
- Legislative Framework: An overview of the PRC Arbitration Law and its application.
- Arbitral Institutions: Detailed descriptions of the main Chinese arbitral institutions and their rules.
- Arbitral Proceedings: Chapters on party representation, appointment and replacement of arbitrators, fact and witness evidence, and the conduct of hearings.
- Interim Relief: Powers of courts and arbitrators to grant interim relief.
- Recognition and Enforcement: Issues related to the recognition and enforcement of arbitral awards.
- Med-Arbitration: Discussion on the common practice in China where the arbitral tribunal acts as a mediator at one stage of proceedings.
Critical Reception
The book has received positive reviews for its comprehensive and timely coverage of domestic and international arbitration in China. It is considered an excellent resource for practitioners due to its detailed analysis of the law and practice of arbitration in China.
In summary, "Arbitration in China: A Practitioner's Guide" is a valuable resource for anyone involved in arbitration in China, offering a thorough understanding of the legal framework, arbitral institutions, and practical aspects of arbitration in the country.