Dispute Resolution in China

    Dispute Resolution in China
    CLE 90 min

    Dispute Resolution in China

    • The download and on-demand online course for this title will be available for ABA Value Pass subscribers.
    • CD-ROM available to order 3 weeks before the program. Online courses and downloads will be available about a week after the program.
    • Recording date: November 20, 2014
    • Product Code: CE1411CLD
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    Business in China needs a predictable and stable dispute resolution environment in order to succeed. Most experienced China hands instruct their clients to, at all costs, avoid selecting Chinese arbitral institutions such as the China International Economic & Trade Arbitration Commission (CIETAC) or one of the city-level institutions such as the Beijing Arbitration Commission or Shanghai Arbitration Commission for resolving commercial disputes. This recommendation is based upon a number of key systemic problem areas including, but not limited to, unqualified staff and arbitrators, language difficulties, decisions driven by politics or local protectionism, rules that allow the tribunals to ignore the law/facts and to base decisions on equitable grounds or "fairness" (CIETAC arbitrators can act as amiable compositeurs, which is inconsistent with international standards), and lack of effective tools for interim relief.

    If the parties must choose a domestic institution, it is recommended that the dispute resolution clause be drafted in a manner to level the playing field as much as possible.

    In this program, China Law expert and author of the China Law Deskbook James Zimmerman:

    • Explores the various dispute resolution institutions
    • Examines how to properly contract out dispute resolution clauses
    • Encourages avoidance of domestic institutions

    Product Details

    Speakers

    James Zimmerman

    Sponsors

    ABACLE, Law Practice Division, Section of Dispute Resolution, Section of International Law, Solo, Small Firm and General Practice Division

    Product Code

    CE1411CLDUMB

    Duration

    90

    Publication Date

    11/20/2014 12:00:00 AM

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