The book provides a comprehensive and practical overview of arbitration in the People's Republic of China. The process of arbitrating a dispute is described from the perspective of a non-Chinese individual or business. Readers are guided through the typical course of events in an arbitration process. By avoiding both excessive technicality and undue simplification, the book appeals to both law professionals and business managers, and is useful for practitioners and non-experts alike. Recent developments in Chinese law on the matter, up to the first quarter of 2015, has been taken into account in order to provide readers with a pragmatic, up-to-date presentation of the topic. For the same reasons, illustrative reference is made to the Shanghai FTZ Arbitration Rules. The relevant provisions are noted throughout the text; the three appendices at the end of the book allow for easy referencing of the main legislation and regulations. The appendices include English versions of the most important PRC Statutes and Interpretations of Statutes on arbitration, the Arbitration Rules of the main Chinese arbitration institutions and the official Model Arbitration Clauses suggested by those institutions.

Autorentext

Giovanni Pisacane, GWA's Managing Partner, is an Italian business lawyer specializing in international practice. He has been practicing as a business lawyer since 1996 and has extensive experience in arbitration and mediation. He completed a Masters in Private International Law at The Hague Academy in the Netherlands, and in 2004, he founded GWA Law, Tax and Accounting in Shanghai. He was appointed as a Special Advisor for Italy-China business relations by the Italian Ministry of Economic Development. Daniele Zibetti is a business lawyer based in Shanghai since 2006, and is expert on M&A, commercial law and especially on international arbitration. He is a partner in GWA, and has worked as an advisor for several investment projects and dispute resolutions between China and Hong Kong. Daniele Zibetti is author and co-author of numerous publications on Chinese commercial law in both Italian and English, and is also member of ECLS (European China Law Studies Association).

Inhalt

Introduction to Chinese arbitration law.- The arbitration agreement.- Jurisdiction.- Procedural rules of arbitration.- Recognition and enforcement of the arbitral award.- A recent cause of turmoil in the landscape of Chinese arbitration: the so-called CIETAC split.- Commencing arbitration proceedings in China: filing a Notice of Arbitration.- Jurisdiction Challenge by the Respondent.- Applying Enforcement of Arbitration Tribunal's Final Award.- Statutory, Judiciary and Administrative Provisions Quoted in the Text.