The China International Economic and Trade Arbitration Commission (CIETAC) is the largest permanent arbitration centre in the world, with a fast-growing case load and rising international profile. This commentary on the CIETAC 2012 Arbitration Rules provides guidance on the rules, alongside practical and procedural recommendations from practitioners of unparalleled experience.
This is a rule-by-rule examination of the inception, interpretation and application of the new rules, which makes comparative reference to the rules of other institutions and considers all relevant case law and legislation. The commentary groups the rules thematically according to the principle areas of practitioner interest, including chapters on: Jurisdiction and the Arbitration Agreement; Commencing the Arbitration; Formation and Challenges to the Arbitral Tribunal; Conduct of Proceedings;
Awards; Summary Procedure and Costs. The text concludes with a chapter on the practical aspects of arbitrating in China, ensuring the book is a comprehensive reference work for practitioners in the field.
Sprache
Verlagsort
Maße
Höhe: 246 mm
Breite: 171 mm
ISBN-13
978-0-19-967171-7 (9780199671717)
Schweitzer Klassifikation
Michael Moser is an international arbitrator, mediator and attorney-at-law. A member of the New
York Bar, he holds degrees from the Harvard Law School (J.D.), Columbia University (Ph.D. with
distinction) and Georgetown University (B.S.F.S.). Mr. Moser acts as arbitrator, mediator and counsel in international business disputes and is currently an arbitrator member of 20 Essex Street Chambers in London and Singapore and based in Hong Kong. He has special expertise in disputes between multinational corporations and Asian parties. He has substantial experience with direct investments, technology licensing, oil and gas transactions,
major projects, and mergers and acquisitions. Prior to his retirement from the firm in 2006, Mr. Moser was China Managing Partner of Freshfields Bruckhaus Deringer.Mr. Moser has been advising foreign clients doing business in the Asia-Pacific region since 1980. He was the first foreign national to be appointed as an arbitrator in China.
Autor*in
Vice-Chairman of the China International Economic and Trade Arbitration Commission (CIETAC) and Secretary General of the China Chamber of International Commerce (CCOIC)
Partner, Zhong Lun Law Firm, Beijing, China
1 Introduction; 2 CIETAC and the CIETAC Rules (Articles 1-2, 4, 73 and 74); 3 Jurisdiction and the Arbitration Agreement (Articles 3, 5 and 7); 4 Commencing the Arbitration (Articles 8 and 11-19); 5 The Arbitral Tribunal: Formation and Challenge (Articles 22-32); 6 Conduct of the Arbitration Proceedings (Articles 20-21, 33-35 and 37-45); 7 Awards (Articles 46-53); 8 Summary Procedure (Articles 54-70); 9 Costs (Article 72); 10 Miscellaneous Provisions (Article 36); 11 Some Practical Aspects of Arbitrating in China