China will develop its own competition law on its own terms and on the basis of its own institutions, traditions, and goals, as it has in other recent contexts. It is unlikely to accept any foreign model of competition law as its own. In making choices about what kind of competition law to...

This article deals with an important, but yet unexplored issue, being to what extent the anti-monopoly law of China of 2008 can be applied in an extraterritorial manner. The paper reviews first the extraterritorial application of anti-trust law in the United States and in EU competition law and...

This article reviews the copyright dilemma with regard to illegal works in the context of China's copyright system, and comments on the relevant WTO DS362 panel report. Under the current Chinese Copyright Law, not merely the works with illegal content, but also the works which do not fulfill the...

This article reveals evidence-based details of the China International Economic and Trade Arbitration Commission (CIETAC) arbitral proceedings (1990-2000), allowing unprecedented insights into Chinese international business arbitration. It begins by confirming the prominence of Chinese foreign...

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...

China has in the last decade and especially since its entry into the WTO made considerable efforts to improve its judicial system, perfectly aware of the necessity to provide a stable framework for foreign investment and economic growth. An important part of this reform is the development of...

The WTO dispute resolution system is widely used and is a litigation-oriented process. It is at the core of global trade relations today. Both the United States and China have been aggressive users of it. Each country has shown a willingness to address contentious issues. This has been to the...

This is an assessment of China and U.S. litigation against each other in the WTO from 2001 through 2010. It discloses the active and aggressive nature of litigation between these two countries. It indicates an almost flawless continuation of Bush era policies by the Obama administration. If...

With China a member of the World Trade Organization (WTO), Congress faces the challenge of determining what can take the place of its former "annual Most Favored Nation (MFN)" review. This review opened Congress as a forum for the American debate regarding its treatment of China, giving Congress...

China's recent enforcement of its Anti-Monopoly Law (AML) has caused alarm and concern among Multinational Companies (MNCs). Many MNCs believe that the primary purpose of China's AML is not to create open, fair, and market-based competition but is to serve the Industrial Policy goals of China's...