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eBook Enforcement of Commercial Arbitral Awards in China, 2011 ed. ePub

by Clarisse von Wunschheim

eBook Enforcement of Commercial Arbitral Awards in China, 2011 ed. ePub
Author: Clarisse von Wunschheim
Language: English
ISBN: 0314938672
ISBN13: 978-0314938671
Publisher: Thomson West (January 4, 2011)
Pages: 610
Category: Rules & Procedures
Subcategory: Law
Rating: 4.7
Votes: 827
Formats: doc lrf lrf rtf
ePub file: 1608 kb
Fb2 file: 1276 kb

Clarisse von Wunschheim Enforcement of Commercial Arbitral Awards in China, 2011 ed. ISBN 13: 9780314938671. Enforcement of Commercial Arbitral Awards in China, 2011 ed. Clarisse von Wunschheim. ISBN 10: 0314938672 ISBN 13: 9780314938671. Publisher: Thomson West, 2011.

Enforcement of Commercial Arbitral Awards in China overcomes cultural and linguistic barriers by describing and analyzing in a systematic and comprehensive manner the laws and provisions applicable to the enforcement of arbitral awards in China. The title provides a practical evaluation of the quality of the Chinese enforcement system of arbitral awards and its implications on the efficacy of the general arbitration system.

China, Foreign arbitral awards, Recognition and enforcement of arbitral .

China, Foreign arbitral awards, Recognition and enforcement of arbitral award. During the China Arbitration Summit held in Beijing on 20 September 2017, Justice Xuefen. ontinue reading. Get blog posts in your inbox!

and provisions applicable to the enforcement of commercial arbitral awards in China.

3. Description this book In a systematic, comprehensive manner, this title overcomes cultural and linguistic barriers to describe and analyze the laws and provisions applicable to the enforcement of commercial arbitral awards in China.

Author: Clarisse von Wunschheim. Publisher: Sweet & Maxwell Hong Kong. An in-depth reference about the legal framework and the Chinese system on enforcement of commercial arbitral awards! Specific and important updates described, explained, and analyzed. Published In: June 2014. Format: Hardback An in-depth reference about the legal framework and the Chinese system on enforcement of commercial arbitral awards! Specific and important updates described, explained, and analyzed. Newly added features include lawyers and trends in law firms and case trends. Other development updates include the new notice from the SPP and SPC on judicial interpretation, characteristics of the civil law system, arbitration law’s articles, etc. Addresses practical interests.

This article looks at the issues associated with the enforcement of arbitral awards from the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre, in the People's Republic of China

This article looks at the issues associated with the enforcement of arbitral awards from the Hong Kong International Arbitration Centre, and the Singapore International Arbitration Centre, in the People's Republic of China. Arbitration can be an effective mechanism to resolve civil and commercial disputes. Many choose to use arbitration as it is confidential in nature, possibly more predictable and manageable.

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and enforce arbitration awards made in other contracting states

Clarisse von Wunschheim.

Clarisse von Wunschheim. 2 Papers - Views 30 Followers -. Unfollow. 2 Papers - Views 11 Followers -.

Keywords: arbitration in China, enforcement of arbitral awards, ad hoc arbitration, validity of arbitration .

Keywords: arbitration in China, enforcement of arbitral awards, ad hoc arbitration, validity of arbitration agreement, the dual system, report system. ASA Bulletin, Vol. 26, pp. 35-48, 2008. com/abstract 1933026.

In China, recognition and enforcement of a foreign arbitral award includes two phases.

In a systematic, comprehensive manner, this title overcomes cultural and linguistic barriers to describe and analyze the laws and provisions applicable to the enforcement of commercial arbitral awards in China. It also provides a practical evaluation of the quality of the Chinese enforcement system of arbitral awards and its implications on the efficacy of the general arbitration system.
Felhalar
complete and well written analisys on a still unknown subject . one of the few organic works available , and a good one.
interactive man
This book is an edited version of the author's doctor thesis which got the University of Fribourg's imprimatur under the reporting of well known arbitrator and past President of the ICC Court of Arbitration Prof. Pierre Tercier as well as of Prof. Gianmaria Ajani.

Much criticism has been thrown at China in particular as far as the enforcement of foreign arbitral award is concerned. While some of them may be justified, other may be biased, rest on misunderstandings, or lack a sense of context. By addressing this topic comprehensively (or as comprehensively as it can reasonably be given the difficulty of the terrain, see below) and systematically for the first time, Clarisse von Wunschheim fills in a gap, renders a much needed service to the international legal and business community, and justice to the Chinese judiciary system.

In doing so the author had to overcome huge hurdles. Linguistic of course, since the judgments are published in Chinese and not translated, as well as most of the literature on the topic. Only unofficial translations of the law---but hardly of secondary legislation, which plays an important role--exist. Sources are difficult to reach, not systematically published, or may be subject to restricted disclosure. Generally speaking, the cultural barrier clearly multiplied the difficulties, making such a book all the more desirable.

The thesis is divided in four parts. After introducing the relevant legal environment, the author focuses on the enforcement process itself. She then gets in the thick of the subject-matter by analyzing, within a sample of approximately 95 cases, the grounds for nonenforcement of foreign arbitral awards and, more to the point, their application by the courts. The last part assesses the efficacy of the Chinese enforcement system in the light of these findings and examines, in a more general way, the impact of deficiencies in the enforcement stage on the general efficacy of arbitration as a dispute resolution means.

In the three first parts, von Wunschheim contributes to dissipate certain ethnocentric misconceptions, identifies a number of flaws related either to the system or to its implementation, and carefully balances them. The last part contains a statistical apparatus which can be said to be a break through in the original way the author has been critically approaching past and current figures and trying to make sense of them.

As one would expect, the book contains an extensive bibliography, an equally extended table of laws and regulations, a table of cases including useful selected summaries and a handy list of legal technical terms with official translation among other annexes.

The 2nd edition of this study is based on the author's best knowledge until 30 September 2010.

Enforcement of Commercial Arbitral Awards in China succeeds in providing the practical insight needed by the practitioner with the rigor of an academic work.

Jean-Christophe (John) Liebeskind
Swiss Attorney-at-Law, Solicitor (England & Wales) (n.p.), LL.M. (LSE), FCIArb, DipICIArb
Of Counsel, Global Law Office
Beijing, China
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