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Managing Business Disputes in Today's China

Managing Business Disputes in Today's China
Author: Michael J. Moser
Publisher: Kluwer Law International B.V.
Total Pages: 356
Release: 2007-01-01
Genre: Business & Economics
ISBN: 9041124624

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With its practical, problem-solving approach, this book provides corporate counsel, international lawyers, and business people, as well as students of dispute resolution, with a realistic picture of dispute settlement practices in business transactions in China today.


Managing 'Belt and Road' Business Disputes

Managing 'Belt and Road' Business Disputes
Author: Michael Moser
Publisher: Kluwer Law International B.V.
Total Pages: 460
Release: 2021-04-07
Genre: Law
ISBN: 9403519347

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This book is a follow-up to the comprehensive Managing Business Disputes in Today’s China: Duelling with Dragons (2007) guide on foreign direct investment disputes that can arise in the course of initiating and operating a Chinese joint venture. Since its inauguration by the Chinese government in 2013, the ‘Belt and Road Initiative’ (BRI) has included projects in more than 70 countries spanning diverse economic and legal environments. The nature of the BRI coupled with the economic downturn as a result of the COVID-19 pandemic will inevitably generate more challenges than ever. Like its predecessor, this book poses a hypothetical scenario in order to explore the potential issues that may arise from Chinese-foreign business relationships in the BRI context. After setting the scene with the ‘Afrina Government’s’ ill-fated infrastructure project involving Chinese and foreign parties, subsequent chapters provide comprehensive insight on and highlight the following issues that one must consider when dealing with BRI disputes: dispute settlement options; informal dispute settlement approaches; disputes involving Chinese State-Owned Enterprises; construction and project finance disputes; corruption and bribery; sanctions; environmental issues. This book will provide extensive guidance from seasoned practitioners on the legal and practical issues of disputes that arise from engaging with Chinese companies doing business outside China in the context of BRI projects.


Business Disputes in China

Business Disputes in China
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 0
Release: 2009
Genre: Arbitration and award
ISBN: 9781933833286

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Business Disputes in China - 3rd Edition

Business Disputes in China - 3rd Edition
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 490
Release: 2011-09-01
Genre: Arbitration and award
ISBN: 1933833971

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China has become a magnet for international business. At the same time, the "China boom" has also produced a dramatic increase in the number and complexity of business disputes. Knowing how to effectively manage business disputes is an important component of every successful China business strategy. Business Disputes in China, written by the world’s leading China disputes experts, provides you with an overview of current dispute settlement techniques and tools.


Dispute Resolution in China

Dispute Resolution in China
Author: Michael J. Moser
Publisher: Juris Publishing, Inc.
Total Pages: 458
Release: 2012-07-01
Genre: Arbitration and award
ISBN: 1933833742

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Dispute Resolution in China provides an up-to-date summary, commentary and analysis of how disputes are settled in today’s China. Like in many other jurisdictions, litigation and arbitration are the main dispute resolution methods to settle large commercial disputes in China. While litigation is more commonly used in domestic commercial disputes, arbitration is the most popular dispute resolution method among foreign parties who conduct business in China or with Chinese parties. Each of the chapters contained in this book deals with a selected topic in dispute resolution and is authored by a leading expert in the field. This book is a necessary resource for arbitration and litigation attorneys, as well as other professionals conducting business in China’s increasingly regulated and complex business environment.


China and International Commercial Dispute Resolution

China and International Commercial Dispute Resolution
Author: Qiao Liu
Publisher: BRILL
Total Pages: 368
Release: 2015-10-20
Genre: Law
ISBN: 9004306730

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China and International Commercial Dispute Resolution presents important contributions from eminent legal scholars from Europe, the United States, Australia, South America, and China in a variety of areas of international commercial law with relevance to China. The authors provide expert analyses from a number of perspectives – doctrinal, comparative, empirical, economic, and legal – on an array of issues, private and public, involved in or arising from international commercial dispute resolution in China.


Mediation in Collective Labor Conflicts

Mediation in Collective Labor Conflicts
Author: Martin C. Euwema
Publisher: Springer
Total Pages: 339
Release: 2019-05-28
Genre: Psychology
ISBN: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.


Dispute Resolution in China

Dispute Resolution in China
Author: Weixia Gu
Publisher: Routledge
Total Pages: 0
Release: 2023
Genre:
ISBN: 9780367698836

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This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.


Governing Law and Dispute Resolution in the Oil and Gas Industry

Governing Law and Dispute Resolution in the Oil and Gas Industry
Author: Pereira, Eduardo G.
Publisher: Edward Elgar Publishing
Total Pages: 567
Release: 2022-08-23
Genre: Law
ISBN: 1786434652

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The oil and gas industry’s wide international exposure and constantly changing landscape leave it particularly vulnerable to disputes. As this practical book demonstrates, the risks associated with disputes can be mitigated by parties utilising governing law and dispute resolution clauses in contractual agreements within the sector. Examining a global range of jurisdictions, the book offers clear guidance on the most appropriate choice of law and choice of dispute resolution forum for oil and gas contracts, analysing the key issues and defining the legal contours involved.


Conflict of Laws in the People’s Republic of China

Conflict of Laws in the People’s Republic of China
Author: Zheng Sophia Tang
Publisher: Edward Elgar Publishing
Total Pages: 480
Release: 2016-07-27
Genre: Law
ISBN: 1849808597

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The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.