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Business Dispute Settlements

Prof. GAO yongfu Shanghai University of International Business and Economics May 16-17, 2013. Business Dispute Settlements. Ways of Business Dispute Settlements Negotiation Mediation Arbitration Litigation Investment Dispute Settlement Dispute Settlement in WTO.

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Business Dispute Settlements

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  1. Prof. GAO yongfu Shanghai University of International Business and Economics May 16-17, 2013 Business Dispute Settlements

  2. Ways of Business Dispute Settlements Negotiation Mediation Arbitration Litigation Investment Dispute Settlement Dispute Settlement in WTO Business Dispute Settlements

  3. This is the best way to settle the disputes between the parties. It can friendlily, peacefully, voluntarily, secretly, positively and economically settle the disputes between the parties. no result possible Negotiation

  4. Traditional way of dispute settlements in China is the mediation It has almost the same characteristics in comparison with the negotiation Binding force of the mediation Mediation in judicial litigation and arbitration Mediation

  5. 1、Historical development of arbitration in China 2、Arbitration Law in China 3、Arbitration bodies in China 4、CIETAC (China International Economic and Trade Arbitration Commission) rules Arbitration

  6. The new way of the dispute settlement in China Arbitration used in international trade Arbitration used in the different fields Arbitration Law in 1995 Historical development of arbitration in China

  7. Arbitration Law of the PRC was adopted at the 8th Session of the Standing Committee of the 8th National People’s Congress and Promulgated on August 31, 1994 and effective as of the 1st Sept., 1995 It has 8 chapters and 80 articles, General provisions , Arbitration Commissions and Arbitration Agreement, Arbitration Procedure and etc. Arbitration Law in China

  8. Arbitration commissions may be established in the municipalities directly under the Central Government, in the municipalities where the people’s governments of provinces and autonomous regions are located or, if necessary, in other cities divided into districts. Foreign arbitration institution (CIETAC) Arbitration bodies in China

  9. This is the latest rules which revised and adopted by the China Council for the Promotion of International Trade/China Chamber of Commerce on Feb.3 2012. Effective as of May 1, 2012 Arbitration agreement Arbitrator and arbitration court Arbitration procedures CIETAC Rules

  10. Any dispute arising from or in connection with this Contract shall be submitted to CIETAC for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. CIETAC Model Arbitration Clause

  11. Civil Procedure Law of the PRC People’s court in China Mediation in the court proceedings The Jurisdiction Litigation

  12. It was first adopted at the 4th Session of the Seventh National People’s Congress on April 9, 1991 and amended twice at October 28,2007 and August 31, 2012 respectively. It has all together 27 chapters and 268 articles Civil Procedure Law of PRC

  13. Four levels of people’s courts: The basic people’s court The intermediate people’s court The higher people’s court The Supreme People’s Court People’s court in China

  14. In handling civil case, the people’s court may distinguish between right and wrong and mediate disputes according to the principle of parties’ voluntariness and based on clear fact. The mediation usually takes place before the end of trial Mediation in court proceedings

  15. Four kinds of jurisdictions 1. Jurisdiction by Levels of Courts An intermediate people’s court shall have jurisdiction as courts of first instance over the following civil cases: (1) Major cases involving foreign elements; 2. Territorial Jurisdiction a civil lawsuit brought against a citizen shall be under the jurisdiction of the people’s court located in the place where the defendant has his domicile. 3. Jurisdiction by transfer 4. Jurisdiction by Designation The Jurisdiction

  16. China is a member of the Convention on the Settlement of Investment Dispute between State and Nationals of Other States International Centre for Settlement of Investment Disputes(ICSID) Arbitration agreement Investment Dispute Settlement

  17. China became a member of the WTO in 2001 DSU rules in WTO China is one of the active participants in the WTO Dispute Settlement Body Sino—US dispute settlements in WTO Dispute Settlement in WTO

  18. Thanks for your attention

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