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  • Law  (3)
  • 1
    Online Resource
    Online Resource
    The proper law of the arbitration agreement: Mainland Chinese and English law compared
    Oxford University Press (OUP) ; 2016
    In:  Arbitration International
    Details
    In: Arbitration International, Oxford University Press (OUP)
    Type of Medium: Online Resource
    ISSN: 0957-0411 , 1875-8398
    URL: Article
    DOI: 10.1093/arbint/aiv083
    RVK:
    PT 100
    Language: English
    Publisher: Oxford University Press (OUP)
    Publication Date: 2016
    detail.hit.zdb_id: 2014922-0
    detail.hit.zdb_id: 707772-5
    SSG: 2
    Location Call Number Limitation Availability
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    Online Resource
  • 2
    Online Resource
    Online Resource
    APPLICABLE LAWS TO ARBITRATION AGREEMENTS UNDER CURRENT ARBITRATION LAW AND PRACTICE IN MAINLAND CHINA
    Cambridge University Press (CUP) ; 2014
    In:  International and Comparative Law Quarterly Vol. 63, No. 3 ( 2014-07), p. 741-754
    Details
    In: International and Comparative Law Quarterly, Cambridge University Press (CUP), Vol. 63, No. 3 ( 2014-07), p. 741-754
    Abstract: This article examines the recent development of mainland Chinese law and judicial practice regarding the law applicable to arbitration agreements. It identifies potential changes to mainland Chinese law and practice that may help to further develop the People's Republic of China (PRC) into a truly international-arbitration-friendly jurisdiction. It argues that in the absence of explicit statutory provisions and a consistent approach in the People's Courts to the determination of the place of arbitration and the law applicable to arbitration agreements, it is important for parties negotiating arbitration clauses with a seat in China and/or for contracts involving mainland Chinese elements to explicitly designate the place of arbitration as well as the law governing their arbitration agreements.
    Type of Medium: Online Resource
    ISSN: 0020-5893 , 1471-6895
    URL: Article
    DOI: 10.1017/S0020589314000207
    RVK:
    PR 1000
    RVK:
    PT 100
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 2014
    detail.hit.zdb_id: 2044426-6
    detail.hit.zdb_id: 2911-7
    SSG: 2
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    Online Resource
  • 3
    Online Resource
    Online Resource
    How Long Have You Got?: Towards a Transparent and Streamlined System for Enforcing Foreign Arbitral Awards in China
    Kluwer Law International BV ; 2017
    In:  Journal of International Arbitration Vol. 34, No. Issue 3 ( 2017-07-01), p. 489-508
    Details
    In: Journal of International Arbitration, Kluwer Law International BV, Vol. 34, No. Issue 3 ( 2017-07-01), p. 489-508
    Abstract: Arbitration of China-related commercial disputes has become important because of the growth in trade and investment between China and the rest of the world. Lessons derived from a particular case of recognition and enforcement of a foreign arbitral award in China are of interest to those who are interested in the Chinese reception of arbitral awards. This article will examine the process of enforcing commercial awards in China under the New York Convention (1958). The study will use the concrete experience of the two Australian awards in the Castel v. TCL case to illustrate some deficiencies in the so-called Report System under the current Mainland Chinese law and judicial practice. It will be argued that this Report System needs to be reformed and streamlined. In particular, first, the lower courts should be required to engage the system promptly and without undue delay; secondly, a clear time limit and the consequence of exceeding that time limit should be explicitly provided for each of the stages in the system; and thirdly, the operation of the system should be transparent so that parties can track the progress of their cases once the Report System is engaged. Suggestions will also be made concerning steps which foreign awardholders should take to improve their chances of gaining swift enforcement in Mainland China.
    Type of Medium: Online Resource
    ISSN: 0255-8106
    URL: Article
    DOI: 10.54648/JOIA2017024
    RVK:
    PT 100
    Language: English
    Publisher: Kluwer Law International BV
    Publication Date: 2017
    detail.hit.zdb_id: 283928-3
    detail.hit.zdb_id: 2016979-6
    SSG: 2
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    Online Resource
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