When drafting an agreement between a client and its Chinese counterparty, one of the central questions is how conflicts shall be resolved that may arise out of the agreement. Based on the skepticism about the Chinese judicial system, concerns about local protectionism, and the inability to...

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved and how the changing landscape has developed.This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal...

Following the Introduction, in subsequent sections, international commercial arbitration ("ICA") – and in particular, the public policy exception – are identified as prime initial targets for harmonization efforts. This chapter then considers the practical mechanics of harmonizing the public...

The unparalleled economic growth of the People’s Republic of China (hereafter China, or the PRC) has resulted in a paradigm shift in its legal regime. Once a comparatively closed market to the world, China now faces an unprecedented surge of international business and movement of global...

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...

Increasing cross-border commercial exchanges and foreign investments have caused arbitration to become more frequently selected as a dispute resolution option in China. In response to this growing demand, China has taken significant steps to improve its arbitration system. Nevertheless,...

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This article conducts an empirical research of guiding cases in China. It purposively tracks guiding cases no. four and twelve regarding intentional murders and compares with the functions of relevant judicial interpretations. It has used several tools to capture the reactions of courts through...

Investment has become increasingly important in shaping the economic landscape in Asia. In recent years, there has been a burgeoning number of bilateral investment treaties (BITs) and investment chapters incorporated into bilateral and regional free trade agreements (FTAs) in China. The rapid...