Author: Randall Peerenboom
Published: December 2005
Dispute Resolution and Litigation
Description: This mammoth two-volume set is a treasure trove of information on arbitration in China. A team of expert contributors, as the cover of the book rightfully proclaims, covers a remarkably wide range of topics. Volume One contains chapters on the history of arbitration in China; an introduction to the current regulatory framework and arbitration institutions; an overview of the main features of arbitration in China; a detailed discussion of the difference between domestic and foreign-related arbitration; and a discussion of the advantages and disadvantages of arbitration abroad. Other chapters cover conflict of laws issues and the validity of arbitration agreements; the choice of arbitrators; procedural issues from the commencement of arbitration through pleadings and evidence rules to costs and the use of technology at hearings; interim measures; the nature, form and content of arbitration awards; the procedures and standards for setting aside, and enforcing, awards. There are also chapters examining the nuances of arbitrating particular types of disputes, including construction, intellectual property and domain name, maritime, labor, investment-related, joint venture, real estate, and securities disputes. Rounding out the volume are chapters treating mediation as well as arbitration involving Hong Kong and Taiwan.
Volume Two very handily pulls together a wide range of relevant documents, including arbitration laws and rules as well as other arbitration-related legislation from mainland China, Hong Kong and Taiwan. The inclusion of judicial interpretations, decisions, replies and notices is particularly welcome. The editors have also provided a useful chart comparing Chinese and international arbitration rules, model arbitration clauses, notes on selecting arbitrators and a list of links to documents and websites.
This set is an invaluable reference that should be on the shelves of all in-house counsel and practitioners engaged in arbitration in China. The chapters are highly informative and contain a wealth of practical information. As one would expect from lawyers, the writing is on the whole very concise, with ample cites to relevant statutes and authorities.