Book: Enforcement of Commercial Arbitral Awards in China

We know this could be construed as a? bit of free advertising for the author but it is on topic.. so why not mention it

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Interestingly it’s the author marketing the book to us not the publisher – what’s all that about then . Have TR West forgotten how to communicate with prospective readers and instead make authors advertise their own titles. This is especially odd considering the court case they have just been through in the States (see story in House Of Butter)

Anyway…. thanks to Dr? Clarisse von Wunschheim the author and who’s given us a summary of her book

She writes..

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Summary

This book is an edited and updated version of the author’s doctor thesis which got the University of Fribourg’s imprimatur under the reporting of well known arbitrator and past President of the ICC Court of Arbitration Prof. Pierre Tercier as well as of Prof. Gianmaria Ajani.

The book describes, analyses and evaluates the legal framework and specific legal provisions applicable to the enforcement in China of arbitral awards rendered in commercial disputes, and their application by the Chinese courts.

The book is divided in four parts.

The first two parts are dedicated to a general introduction to the Chinese legal environment and the systematic presentation of the enforcement framework and process, with the objective of dissipating common misconceptions and identifying a number of flaws related either to the system or to its implementation.

In the third part, the author analyses the various grounds for nonenforcement of domestic, foreign-related and foreign arbitral awards based on the relevant legal provisions and a sample of approximately 100 court decisions illustrating how these provisions are applied by the Chinese courts.

The last part is the more innovative part of the book. Based on a statistical apparatus, which can be said to be a break through in the original way the author has been critically approaching past and current figures and trying to make sense of them, the author provides food to rethink the importance attributed to enforcement of awards within the arbitration process. The author challenges the traditional belief that ?the effectiveness of arbitration depends ultimately on the enforceability of the award? and identifies a series other key factors and considerations influencing the ultimate efficacy of arbitration as a dispute resolution means.

The book contains an extensive bibliography, an equally extended table of laws and regulations, a table of cases including useful selected summaries and a handy list of legal technical terms with official translation among other annexes. The book is based on the author’s best knowledge until 30 September 2010.

By overcoming cultural and linguistic barriers, Enforcement of Commercial Arbitral Awards in China contributes to render this field more accessible and transparent to a non-Chinese readership and serves as a useful tool for investors when choosing an appropriate dispute resolution method and assessing the chances to enforce their rights in China.

http://west.thomson.com/productdetail/161304/40661560/productdetail.aspx

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