Commercial Dispute Resolution in China: An Annual Review and Preview 2021
- ISBN-10
- 9887840572
- ISBN-13
- 9789887840572
- Series
- Commercial Dispute Resolution in China
- Category
- Law
- Pages
- 532
- Language
- English
- Published
- 2021-11-15
- Publisher
- Wolterskluwer HK
- Authors
- Wolters Kluwer Hong Kong, Beijing Arbitration Commission / Beijing International Arbitration Center
Description
2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges, and endured new reforms while embracing new developments. The promulgation of new laws and regulations in 2020, including the Civil Code of the People’s Republic of China and the Supplementary Arrangements on Mutual Implementation of Arbitral Awards in Mainland China and Hong Kong Special Administrative Region, has elevated the arbitration system to a higher level. Arbitration institutions such as the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as “BAC/BIAC”) carried out anti-pandmeic measures in a timely manner to ensure the well-functioning of the arbitration procedures. Meanwhile, China’s judicial supervision on arbitration and arbitration disclosure have undergone impressive developments. In 2020, the procedural standards of commercial mediation were further optimized, and commercial mediation institutions continued to expand and grow, while the number of mediation cases increased steadily. The “one-stop” diversified dispute resolution system was fully advanced, and the systems of litigation-mediation and arbitration-mediation have been constantly improved. Online mediation mechanism was rapidly developed in response to the new norms of pandemic prevention and control. Sino-foreign joint mediation mechanism has been gradually established, and international commercial mediation rules and systems are continuously refined. While rolling out countermeasures in full scale to mitigate impacts of pandemic, China achieved some eye-catching accomplishments in terms of legal system development and dispute resolution practices in 2020. In the area of construction engineering, new and old arbitration rules continue to coexist during the transition period of the Civil Code before it takes effect, while the arbitration and resolution of disputes over public-private-partnership (PPP) have made great breakthroughs. In the real estate sector, stricter regulatory policies were enacted and effectuated to ensure that “housing should be for living in, not for speculation”. Hot topics such as real estate enterprise operations, real estate development modes, and regulation over long rental apartments attracted widespread social attention. In the energy sector, the transformation of energy structure was implemented on a large scale. The Energy Law has generally taken shape. Carbon-neutral efforts were intensified. The carbon credit trading market is prospering. Relevant regulatory rules thereof were established. In the financical sector, several new financial products gave rise to crises in 2020 but were promptly resolved. The rights-protection mechanism for stock investors was further perfected. The protection for personal financial information was strengthened, and the explorations over the system for individual bankruptcy have been accelerated. In the realm of investments, the pandemic directly affects investors’ valuation of enterprises and expectation of profitability. Regulatory authorities and courts continued to enchance investment supervision and adjudication rules, all of which had far-reaching influences on the resolution of investment disputes. In terms of international trade, multiple statutes and regulatory rules were enacted in order to safeguard national security and to protect the intersts of Chinese enterprises. Judicial authorities took the lead in exploring and identifying new transaction modes under the premise of adhering to international trade rules. In terms of intellectual property, the Patent Law and the Copyright Law were amended, and various judicial interpretations and guidelines were released intensively. Dispute resolution methods become more diversified, and arbitration and mediation played more important roles. In the area of civil aviation, several rules and regulations were formulated or amended. Phenomena restraining the development of the aviation industry occurred from time to time in 2020, including restrictions against traffic rights, export controls, and intellectual property rights discrimination. In the film and television entertainment industry, risks and opportunities existed side by side. The industry witnessed an increase of disputes over the performance of film and television contracts, disputes over the emerging live streaming business, and disputes over the types of works defined in copyright law. In the field of of sports, the sanction mecahnisms against doping violations were improved, and the protection for intellectual property rights of sports-related intangible assets were strengthened while the amount of sports-related disputes went up. To present an in-depth and systematic report on the 2020 practices and developments in the aforementioned fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles: First, a foucs on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed informaiton thereof. Second, a focus on the consistency and systematicness. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective. Third, a focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers. Fourth, a focus on international perspectives. The 2021 Annual Review is written in both Chinese and English, aiming to show the new developments in China’s commercial dispute resolution to overseas readers, and to express the voice of China to the international community. Each report is written in both languages by the same team to ensure consistency and accuracy of contents.
Get the book
Other editions
-
- 2022-11-14
- 338 pages
- Ebook
- Wolterskluwer HK
-
- 2020-09-17
- 502 pages
- Ebook
- Wolterskluwer HK
Similar books
-
Property Law: Rules, Policies, and Practices
By Joseph William Singer, Bethany R. Berger, Nestor M. DavidsonSee also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...
-
Entertainment Law and Business
By William D. Henslee, Elizabeth HensleeAfter Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.
-
The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750
By William E. NelsonVolume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...
-
The Indiana State Constitution
By William P. McLauchlanE. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.
-
Child Support Guidelines: Interpretation and Application
By Laura W. MorganFitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.
-
Maritime Fraud and Piracy
By Paul ToddThe sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...
-
Principles of the Carriage of Goods by Sea
By Paul ToddNormally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...
-
Maryland Employment Law
By Stanley Mazaroff, Todd Horn27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .
-
Contract Law in New Zealand
By Stephen Todd, Jeremy Finn704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...
-
Tort Law in New Zealand
By Stephen Todd... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.