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As more and more transnational businesses invest in China, the
spectre of commercial disputes looms larger and larger. This book,
a deeply knowledgeable introduction to the law and practice of
commercial dispute settlement in today's China, is especially
valuable because such disputes raise a plethora of issues that
challenge the expertise of non-Chinese lawyers. Written by senior
lawyers with rich practical experience in China, "Duelling with
Dragons" uses a hypothetical scenario to highlight the kinds of
disputes that can arise in the course of initiating and operating a
Chinese joint venture. After introductory chapters setting out the
background and the disputes facing "Ricepower" and its investors,
subsequent chapters deal with an overview and evaluation of the
various options available to the parties to resolve their
conflicts. These include such mechanisms as the following:
arbitration inside China; arbitration outside China; litigation in
the People's Courts; administrative appeals; and investor-state
arbitration. Specialized themes include intellectual property
disputes, employment and labour disputes, criminal law aspects of
business disputes, and enforcement of dispute outcomes both inside
China and abroad. The book also features a detailed table of
legislation and cases, and statistics on arbitration and litigation
in China. With its practical, problem-solving approach, "Duelling
with Dragons" provides corporate counsel, international lawyers,
and business people, as well as students of dispute resolution,
with a realistic picture of dispute settlement practices in
business transactions in China today.
The Hong Kong International Arbitration Centre (HKIAC) is one of
the world's most highly sophisticated arbitration institutions,
with a continuously growing annual caseload. Now in its second
edition, this detailed commentary with its insider's perspective
has firmly established itself as the leading, authoritative guide
to the HKIAC Administered Arbitration Rules. The text has been
updated to capture over 1,000 new cases since 2017. It begins with
an introduction to the HKIAC, including a history with statistics
and details of other services provided by the HKIAC. The commentary
then examines each article of the Rules in depth, drawing on the
authors' years of experience administering arbitrations under
earlier HKIAC Administered Arbitration Rules (2008 & 2013), and
highlighting changes introduced by the 2018 Rules, including
provisions on online dispute resolution, the use of technology for
the determination of the arbitral process, use of alternative
dispute resolution techniques, early determination of proceedings,
and concurrent proceedings. Offering practical guidance, the book
makes reference to the Hong Kong Arbitration Ordinance as well as
drawing comparisons with other institutional rules and the UNCITRAL
Model Rules to emphasize key issues to consider when drafting an
arbitral clause or strategizing over the conduct of an arbitration.
Benefiting from the authors' previous experience with the HKIAC and
with the support of the HKIAC Secretariat and other members of the
HKIAC Rules Revision Committee, the book examines examples of
anonymised cases handled at the HKIAC, and also discusses various
issues arising from arbitrations involving mainland parties or
enforcing arbitration awards in mainland China. In particular, the
book details HKIAC's experience in handling applications under the
new Interim Measures Arrangement between Mainland China and Hong
Kong. The appendices include relevant supporting documents
including recommended HKIAC Arbitration Clauses, the HKIAC
Administered Arbitration Rules (2018), the UNCITRAL Arbitration
Rules 2010, the amended Hong Kong Arbitration Ordinance, and
updated practice notes and statistics.
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