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Books > Law > International law > Settlement of international disputes > International arbitration
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Commercial Arbitration between China and the Portuguese-Speaking World (Hardcover)
Loot Price: R5,889
Discovery Miles 58 890
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Commercial Arbitration between China and the Portuguese-Speaking World (Hardcover)
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Against a background of worldwide competition among jurisdictions
to host arbitral proceedings in the wake of globalization, the very
special advantages of Macau are rising inexorably. A European
settlement since the sixteenth century, this Portuguese-speaking
city on China's south coast has been positioning itself as an
exemplary East - West trade centre since China's famous 'opening'
to the West in the 1970s. Now, diversifying its role as a service
platform, Macau is poised to become a preeminent locus for
commercial arbitration between China and the major developed and
emerging trade nations of the West - of particular interest to its
major Lusophone counterparts Brazil, Angola, Mozambique, and
Portugal, but, because of its traditional and highly developed
'Europeanness,' to other major trading jurisdictions as well. This
book does not only provide thoroughgoing answers to the question,
'Why should arbitration proceedings take place in Macau?' - it goes
far deeper, examining Macau's current legal and economic systems
and ultimately offering a 'roadmap' to facilitate the emergence -
and international acceptance - of Macau as a prime focus for
international commercial arbitration involving China. Among the
topics arising in the course of the analysis are the following:;
elements that parties consider when selecting an arbitral seat;
China's interest in the diverse markets and resources of Portugal,
Brazil, and Portuguesespeaking Africa and Asia; the unrealized
potential for economic co-operation between China and the Lusophone
community of nations; Macau as a cultural and economic platform;
Macau's high degree of autonomy;; comparative law and Macau's
vantage point; stakeholders - legislators, arbitral institutions,
arbitrators, the hospitality industry; Sino-Lusophone commercial
arbitration as a specific market; Macau's legal framework; the role
of the New York Convention; and measures to ensure the
international enforceability of awards. Focusing on the challenges
and hurdles Macau needs to overcome in order to succeed in this
endeavour, the author provides detailed recommendations and
guidelines concerning such important aspects of an arbitral seat as
qualified administrative staff, qualified arbitrators, suitable
arbitration rules, time and cost efficiency, publication of
arbitral awards, a model arbitration clause, purpose-built
facilities, and skilled professional translators and interpreters
with legal knowledge. This roadmap will be useful not only for
Macau but also for others jurisdictions interested in asserting
themselves as suitable venues for international commercial
arbitration.
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