Business Disputes in China - 3rd Edition

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China has become a magnet for international business. At the same time, the "China boom" has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. Business Disputes in China, written by the world’s leading China disputes experts, provides you with an overview of current dispute settlement techniques and tools.

Contributors

Chapter 1
Managing Business Disputes in Today's China: Introduction
Michael J. Moser

Chapter 2
Resolving Disputes in China Using Mediation
Danny McFadden

Chapter 3
Arbitration in China: An Overview
Meg Utterback, James Rowland and Iain Munro

Chapter 4
A Q&A Guide to Dispute Resolution in China
Helen H. Shi

Chapter 5
Arbitration in China: Recent Developments
Brenda Horrigan, Felix Hess and Siew Lin Mok

Chapter 6
Choosing an Arbitral Institution in Cross Border
Commercial Arbitration
Michael J. Moser and Friven Yeoh

Chapter 7
The Influence of Culture and Traditions on
Arbitration Laws in Asia
Nigel N.T. Li and Angela Y. Lin

Chapter 8
Drafting Arbitration Agreements in Commercial
and M&A Transactions
Peter Yuen

Chapter 9
Validity of Arbitration Agreements under Chinese Law
Huang Tao

Chapter 10
CIETAC Arbitration in a Nutshell
Yu Jianlong

Chapter 11
Bridging the Gap between Western and
Chinese Arbitration Systems: A Practical Introduction
for American Businesses
Graeme Johnston

Chapter 12
New Supreme People's Court Interpretation on
Mainland China's Arbitration Law
Michael J. Moser and Friven Yeoh

Chapter 13
A Comparative View on Impartiality and Independence
of Arbitrators in International Arbitrations
Peter Yuen

Chapter 14
10 Tips For Employers With Operations In China
Isabella I. H. Wan and Peter A. Susser

Chapter 15
Terminating Employment Contracts Due to Incompetence:
Challenges and Solutions
Isabella I. H. Wan and Joonho Tan

Chapter 16
Litigation in the People's Courts
Ariel Ye

Chapter 17
Cross-Border Enforcement of Commercial Judgments
and Awards within China
Graeme Johnston and Han Yun

Chapter 18
Enforcement of Foreign Court Judgments and Foreign
Arbitral Awards in China
Jessica J. Fei

Chapter 19
Enforcement of Arbitral Awards: The Taiwanese
Perspective
Ing Loong Yang

Chapter 20
Investor-State Arbitration and China -- An Overview
Kaj Hobér and Nils Eliasson

Chapter 21
Investment Treaty Protection of Chinese Natural Resources
Investments
Nils Eliasson

Appendices: Institutional Rules and Documents

Appendix 1
AAA/ICDR International Arbitration Rules

Appendix 2
The Beijing Arbitration Commission Rules

Appendix 3
CIETAC International Arbitration Rules

Appendix 4
ICC Arbitration Rules

Appendix 5
HKIAC Administered Arbitration Rules

Appendix 6
SIAC Arbitration Rules

Appendix 7
SCC Arbitration Rules

About the Editor:

Michael J. Moser is Chairman of the Hong Kong International Arbitration Centre (HKIAC), Vice President of the Asia Pacific Regional Arbitration Group, Co-Chair of the China Arbitration Forum and a former Vice-Chair of the Arbitration Committee of the IBA. He also serves as a Member of the CIETAC Commission, a Court Member of the LCIA and a Board Member of the Arbitration Institute of the Stockholm Chamber of Commerce. He has served as Arbitrator or Counsel in more than 250 international arbitrations.