Despite some remaining flaws, arbitration is still the preferred method of dispute resolution for investors in China. This is not only due to the generally applicable advantages of arbitration over litigation but is also linked to the particularities of the Chinese legal system. However, these particularities should be carefully taken into account when drafting the arbitration clause in a contract involving a Chinese party, otherwise the arbitral process could lead to an unenforceable and useless award.
By Meloday DangRouse & Co InternationalItalian confectioner Ferrero Rocher filed a lawsuit against Montresor (Zhangjiagang) Food, a Chinese competitor,…
The PRC Law on the Mediation and Arbitration of Employment Disputes is another important step made by the Standing Committee of the PRC National People's Congress after its promulgation of the Labour Contract Law in June 2007. Both this and the Labour Contract Law are intended to better protect the legitimate rights and interests of employees and employers, with the latter in respect of the substantive law and the former in respect of the procedural system.
The Provisions lay down the criteria under which a people's court should accepts a civil case on conflicts between prior rights and registered trademarks or enterprise names.
Arbitration in China has dramatically increased in recent years, as China International Economic and Trade Arbitration Commission [CIETAC], a governmental…
Arbitration in China has dramatically increased in recent years, as China International Economic and Trade Arbitration Commission [CIETAC], a governmental…