@article{21810, note = {Price : NLG 304.56; Inv.# 153839; Date 18/11/97; Supplier : Nedbook International, Amsterdam; Recd 21/11/97; FT Law & Tax Asia Pacific An imprint of Pearson Professional Asia Pacific Suite 1808 Asian House 1 Hennessy Road Wan Chai Hong Kong Tel : (852) 2863 2600 Fax : (852) 2520 6646 Internet : pphkg@hk.super.net Web : www.pearson-pro.com.hk Table of Contents : 1. Introduction : Arbitration as a method of dispute resolution; Conciliation as a method of dispute resolution; China's attitude towards arbitration and conciliation; 2. Legal framework of arbitration and conciliation : The arbitration law; Other laws and regulations; The 1958 New York Convention; The UNCITRAL Model Law as a guide; 3. International vs. domestic arbitration : The definition of international and domestic; The distinction between international and domestic arbitration; The international arbitration institutions; The domestic arbitration institutions; The China Arbitration Association; Ad hoc arbitration; 4. Conciliation : Different conciliation techniques; Beijing Conciliation Centre; Local conciliation centres; Conciliation rules; Ethical rules for conciliators; Joint conciliation; 5. Combining arbitration with conciliation : Definition; Advantages; Procedure; Settlement; Effect on arbitration; 6. Six CIETAC and CMAC : History of CIETAC; History of CMAC; CIETAC and CMAC personnel; The role of CIETAC and CMAC in proceedings; Services offered; The secretariats; Breakdown of caseload; Schedule of costs; 7. Arbitration agreement : Forms of arbitration agreement; Arbitrability; Requirements for a valid arbitration agreement; Invalid arbitration agreements; The doctrine of severability; Effect of an arbitration agreement; Waiver of an arbitration agreement; Recommended arbitration clauses; Precautions relating to arbitration agreements; 8. Jurisdiction issues : Law and rules; Kompetenz-Kompetenz; Authority of the arbitration commission; Competence of arbitrators; Jurisdiction decisions made by courts of law; Time limit for jurisdiction plea; Jurisdiction plea in setting aside procedure or enforcement procedure; 9. The parties : The proper party to an arbitration; The proper party in special cases; Multi-party arbitration; 10. Interim measures : Definition; Competent courts; Application; Requirements for interim measures; The ruling; Pre-arbitration interim measures; Available measures; Consequences of wrongful application; 11. Arbitrators : Qualifications; Panel of arbitrators; CIETAC panel of arbitrators; Code of ethics; Selection of arbitrators; Challenging and replacing arbitrators; Liability of arbitrators; 12. Arbitration proceedings : Applicable arbitration rules; Place of arbitration; Language of proceedings; Representation; Application for arbitration; Notice of arbitration; Transmission of the documents; Statement of claim, defence and counterclaim; Deposit of costs; Service of documents; Time periods; Pre-hearing meetings; Examination of cases; Use of experts; Evidence; Default; Summary procedure; Types of awards; Making of awards; Correction of and addition to awards; Costs allocation; Applicable law; 13. Setting aside arbitral awards : The parties; Competent court and venue; Documents required; Fees; Grounds for setting aside; Time limit for action; Time limit for ruling; Re-arbitration; Effect of setting aside; Remedies; 14. Enforcement of arbitral awards : Legal basis for enforcement of arbitral awards; The parties; Competent court and venue; Documents required; Representation and assistance; Fee; Time limit for action; Grounds for refusal of enforcement; Pre-reporting mechanism for enforcement; Coercive means of enforcement; Suspension, adjournment or termination of enforcement; Remedies for refusal of enforcement; Appendices : 1. Arbitration law of the People's Republic of China; 2A. CIETAC arbitration rules; 2B. CMAC arbitration rules; 3. CIETAC and CMAC : stipulations for appointment of arbitrators; 4. The model domestic arbitration rules; 5. China Council for the promotion of international trade (China Chamber of International Commerce) Beijing Conciliation Centre Rules of Conciliation;.}, author = {Wang, Sheng-ch°ang,}, url = {http://tind.wipo.int/record/21810}, title = {Resolving disputes in the PRC : a practical guide to arbitration and conciliation in China /}, recid = {21810}, pages = {i, 354 pages ;}, }