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Written by senior lawyers with rich practical experience in China, Duelling
with Dragons uses a hypothetical scenario to highlight the kinds of
disputes that can arise in the course of initiating and operating a Chinese
joint venture. After introductory chapters setting out the background and the
disputes facing “Ricepower” and its investors, subsequent chapters deal with
an overview and evaluation of the various options available to the parties to
resolve their conflicts. These include such mechanisms as the following:
• arbitration inside China
• arbitration outside China
• litigation in the People’s Courts
• administrative appeals
• investor-state arbitration
• managing intellectual property rights disputes
• handling employment and labour disputes
Specialized themes include intellectual property disputes, employment and
labour disputes, criminal law aspects of business disputes, and enforcement of
dispute outcomes both inside China and abroad. The book also features a
detailed table of legislation and cases, and statistics on arbitration and
litigation in China.
Introduction. Table of Legislation Table of Cases Chapter 1. The
Scenario: Ricepower and Its Woes. Michael J. Moser Chapter 2.
Dispute Settlement Options: An Overview. Richard Chalk & John Choong
Chapter 3. Informal Dispute Settlement Approaches. Patrick M.
Norton Chapter 4. Arbitration inside China. Nadia Darwazeh &
Michael J. Moser Chapter 5. Arbitration outside China. Michael
J. Moser & Peter Yuen Chapter 6. Litigation and the People’s
Courts. Eu Jin Chua Chapter 7. Managing Intellectual Property
Rights Disputes. Tan Looke Khoon Chapter 8. Handling Employment
and Labour Disputes in China. Isabelle I. H. Wan Chapter 9.
Corruption, Bribery and Criminal Law. Aspects of Business Disputes. Peter
Thorp and Huawei Sun Chapter 10. Investor-State Arbitration.
Peter Turner. Chapter 11. Enforcement and Dispute Outcomes.
Friven Yeoh Chapter 12. Endgame. Michael J. Moser & Contributors
List of Contributors Index.