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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...
Persistent link: https://www.econbiz.de/10013036266
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,...
Persistent link: https://www.econbiz.de/10013037618
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...
Persistent link: https://www.econbiz.de/10014103359
This article discusses some of the barriers to improved standards of corporate governance in China, including: (1) institutional and structural obstacles; (2) problems arising from the fact that the majority of shares in Chinese companies cannot be traded freely on the stock market; (3)...
Persistent link: https://www.econbiz.de/10012959208
While it seems that China's corporate system lags far behind that of Western developed countries such as the UK, the US or Germany, as early as 1904 China's first corporate law had been promulgated by the imperial government—the Qing Government—which included the rule of limited liability...
Persistent link: https://www.econbiz.de/10012959213
What are a negotiator's ethical and moral obligations during a negotiation? Should a negotiator be dedicated to achieving the greatest value possible for his or her client even though that goal may appear to require some degree of deception? Does it make a difference whether a culture has a...
Persistent link: https://www.econbiz.de/10013100036
The EU is ferociously protecting its Geographical Indications (GIs) in the name of authenticity and rural development. Not only in the countries of the EU, but internationally. Australia and most other New World countries protect geographical names via their trademark system, but also via a sui...
Persistent link: https://www.econbiz.de/10012914173
While there are ongoing the debates on the appropriateness of arbitrators acting as mediators in a pending arbitration (this process is often described as ‘arb-med'), such practice seems to work well in China. In this respect, the Chinese model may be useful in contributing to the practice in...
Persistent link: https://www.econbiz.de/10013033797
Based on a comprehensive treaty survey, the article presents the general approaches to sustainable development goals (SDGs) in Chinese International Investment Agreements (IIAs). With the global trend towards investor responsibilisation, a new generation of investment policies places inclusive...
Persistent link: https://www.econbiz.de/10014261673
The US government has announced an initiative to promote the "rule of law" in the People’s Republic of China. However, though China has also endorsed building the "rule of law" as a goal, the American and Chinese views of what "rule of law" entails differ substantially. In the US government,...
Persistent link: https://www.econbiz.de/10005794676