Arbitration in China

The book "Arbitration in China: A Practical Guide" is a comprehensive two-volume set edited by Jerome A. Cohen, Neil Kaplan, and Peter Malanczuk. Here is a detailed overview of the book, including its key themes, content, and critical reception:

Key Themes and Content

1. History and Regulatory Framework:

   • The book provides a historical context of arbitration in China, tracing its evolution over time.
   • It introduces the current regulatory framework and arbitration institutions in China, offering insights into the legal and institutional structures governing arbitration.

2. Main Features of Arbitration in China:

   • The book covers the main features of arbitration in China, including the differences between domestic and foreign-related arbitration, and the advantages and disadvantages of arbitration abroad.

3. Conflict of Laws and Arbitration Agreements:

   • It discusses conflict of laws issues and the validity of arbitration agreements, which is crucial for understanding the legal basis of arbitration in China.

4. Choice of Arbitrators and Procedural Issues:

   • The book delves into the choice of arbitrators and procedural issues from the commencement of arbitration through pleadings and evidence rules to costs and the use of technology at hearings.

5. Interim Measures and Arbitration Awards:

   • It examines the nature, form, and content of arbitration awards, as well as the procedures and standards for setting aside and enforcing awards.

6. Specific Dispute Types:

   • The book includes chapters that focus on arbitrating particular types of disputes, such as construction, intellectual property, domain name, maritime, labor, investment-related, joint venture, real estate, and securities disputes.

7. Mediation and Cross-Border Arbitration:

   • It also covers mediation as well as arbitration involving Hong Kong and Taiwan, providing a comprehensive view of dispute resolution mechanisms in China and its neighboring regions.

Critical Reception

The book has received positive reviews for its comprehensive coverage of arbitration in China. Here are some key points from the critical reception:

• Comprehensive Coverage: The book is praised for its detailed and wide-ranging coverage of arbitration in China. It is described as a "treasure trove of information" that covers a remarkably wide range of topics.

• Expert Contributors: The editorial team, comprising Jerome A. Cohen, Neil Kaplan, and Peter Malanczuk, is noted for their expertise in the field of arbitration and international law. The contributions from a team of expert contributors add significant depth to the book.

• Practical Guide: The book is designed as a practical guide, making it useful for both legal professionals and those interested in understanding the intricacies of arbitration in China. Its practical approach helps readers navigate the complexities of Chinese arbitration law.

Additional Context

Jerome A. Cohen is a renowned expert in Chinese law and international law. His contributions to the field include significant works on Chinese attitudes toward international law, which provide valuable insights into China's evolving stance on global legal frameworks. The book reflects Cohen's extensive knowledge and experience in the field, making it a valuable resource for scholars and practitioners alike.

In summary, "Arbitration in China: A Practical Guide" is a seminal work that provides a comprehensive overview of arbitration in China. Its detailed coverage of historical, regulatory, and procedural aspects makes it an essential resource for anyone interested in dispute resolution in China. The critical reception highlights its practical value and the expertise of its contributors, solidifying its position as a leading reference in the field.