In recent years the People's Republic of China has experienced rapid economic growth, brought about in large measure by dramatic increases in foreign trade and investment. China's adoption of an `open door' policy in the late 1970s also opened up its banking market to foreigners. As a result, there has been a sharp rise in the number of disputes between Chinese sovereign borrowers and foreign banks, making the availability of appropriate dispute resolution mechanisms for foreign banks a critical factor in the expansion of international finance in China.
This book recognizes the need for a unique international dispute forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties.
The work addresses several problematic private and public international law issues in sovereign debt litigation, including:
the state immunity theory
the act of state doctrine
forum non conveniens
the difficulty in enforcing foreign judgments
It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration.
The author argues that the autonomy of each party in international arbitration circumvents potential cultural and conceptual difficulties and offers a flexible, mutually acceptable means of conflict resolution which in some circumstances can prove more effective than litigation. Arbitration and the recognition and enforcement of an arbitral award may be recognized as providing a level playing field for international financial transactions between states and foreign private parties, and the non-adversarial nature of the arbitration process makes it particularly appropriate in the Chinese context.
- Confucianism and Tradition of Law – Chinese Philosophy and Culture Aspects of Dispute Resolution
- Law and Practice of Foreign Banks in China
- Mediation, Arbitration or Litigation?
- Mediation or Conciliation
- Judicial Proceeding
- State Immunity and Sovereign Debts
- The Act of State Doctrine
- Recognition and Enforcement of Foreign Judgments and Arbitration Awards in China