Suchergebnisse

Introduction --Table of Legislation --Table of Cases --The Scenario: Ricepower and its Woes --Dispute Settlement Options: An Overview --Informal Dispute Settlement Approaches --Arbitration Inside China --Arbitration Outside China --Litigation and the People's Courts --Managing Intellectual Property Rights Disputes --Handling Employment and Labour Disputes in China --Corruption, Bribery and Criminal Law Aspects of Business Disputes --Investor-State Arbitration --Enforcement and Dispute Outcomes --Endgame --List of Contributors.

Introduction to arbitration in Hong Kong -- The legal arbitration framework -- Introduction to HKIAC -- Model arbiration clauses -- General provisions of the HKIAC rules (Articles 1-3) -- Commencement of the arbitration (Articles 4 and 5, Schedule 1) -- Arbitral tribunal (Articles 6-12, schedules 2 and 3) -- Emergency relief and interim measures of protection (Article 23 and 24, schedule 4) -- Conduct of the arbitration (Articles 13-22, 25-26, 30-31) -- Complex arbitrations (Articles 27-29) -- Awards, decisions, and orders of the arbitral tribunal (Articles 32-40) -- Miscellaneous provisions (Articles 41-43)

International Arbitration: When East Meets West' provides an extensive review and comparison of mediation and other forms of dispute resolution practiced in Asia and the West. As Asia, China in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The chapters reflect Moser?s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures - both from a legal and social perspective - as well as a consideration of how each culture has influenced international arbitration practice overall