Commentaries on Commercial Arbitration in Modern China

This book offers a structured exploration of China's commercial arbitration system, beginning with its procedural foundations and jurisdictional framework, followed by an emphasis on due process, arbitrator skills, and the critical importance of upholding valid arbitration agreements. It delves into legal complexities surrounding the application of domestic law, international conventions like the CISG, and the integration of mediation in dispute resolution, while concluding with ethical standards for arbitrators to ensure fairness and credibility. Bridging procedural rigor, practical insights, and ethical imperatives, the work serves as a comprehensive guide for navigating China's arbitration landscape, balancing academic analysis with actionable guidance for practitioners.

Thoroughly weighing the potential heavy loss in roughly denying the validity or existence of an arbitration agreement How to find out the key to a case and simultaneously not overlooking there might be some key detail Widening your horizon,learning and gaining the skills in applying the application of law, proper law including the CISG

Autorentext

Since August 1985, Yanming Huang, as a staff member of the Shenzhen Arbitration Division of the former China International Economic and Trade Arbitration Commission (CIETAC) and later the Shenzhen Court of International Arbitration---SCIA, began to learn to write articles on commercial arbitration and to translate English literature in this area into Chinese. The English papers or commentatories were mainly published in the Journal of International Arbitration and Mealely's International Arbitration Report. Chinese articles and translations have been published mainly in Arbitration and Law (China International Economic and Trade Arbitration Commission) and Arbitration In Beijing, and so on.

Having worked in the Shenzhen Court of International Arbitration---SCIA for many years, Yanming Huang is familiar with all aspects of the operation and management of arbitration institutions, and has continued to learn from veterans or colleges in practice. He has absorbed and mastered all kinds of knowledge and skills in handling arbitration cases in the course of his long practice, and therefore pays great attention to summarizing the main points and focusing on identifying and grasping the key issues; tries not to overlook a single important detail; pays attention to due process; studies the correct handling of the issue of jurisdiction; reveals and analyses the reasons for the high price paid in denying the validity of the existing arbitration agreement; and introduces the importance and techniques of dealing with the relevant legal issues, including the application of law and the CISG.

Inhalt

Chapter 1: Procedural Rules of China's Commercial Arbitration at the Initial Stage.- Chapter 2: Jurisdiction and Decision-Making Authority in Chinese Arbitration Institutions.- Chapter 3: Ensuring Due Process in Arbitration Proceedings.- Chapter 4: Essential Skills for Arbitrators in Case Management.- Chapter 5: Upholding the Validity of Arbitration Agreements: Consequences of Challenging Arbitration Clauses.- Chapter 6: Key Considerations in the Application of Law, Proper Law, and the CISG.- Chapter 7: Mediation in Resolving Commercial Disputes.- Chapter 8: Ethical Standards for Arbitrators in Chinese Arbitration.