Chinese Private International Law (Studies in Private International Law - Asia)

Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, crossborder insolvency, intellectual property, and competition (antitrust). The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China’s involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law. Volume 3 in the series Studies in Private International Law – Asia Foreword Acknowledgements Contents List of Contributors List of Abbreviations Table of Cases Table of Legislation 1. Subject Matter of Private International Law I. Definition of the Civil and Commercial Legal Relationships II. Definition of the Foreign-Related or International Factors III. Case Studies 2. Sources of Law I. Domestic Sources II. Judicial Interpretations III. International Treaty IV. International Custom and Practice V. Judicial Precedent and Authoritative Academic Theory 3. History of Private International Law I. Private International Law in Ancient China II. Transition to Modern Private International Law III. Private International Law in the PRC 4. Classification I. Definition II. Characterisation Conflict III. Case Studies 5. Preliminary Question I. Definition II. Solution of Preliminary Question Problems III. Current Practice in China on Preliminary Question Problems IV. Case Studies 6. Dépeçage I. Definition II. Legislation and Practice on Dépeçage in China III. Case Studies 7. Renvoi 8. Point of Contact I. Nationality II. Habitual Residence 9. Ascertainment of Foreign Law I. Nature of Foreign Law II. Method of Ascertaining Foreign Law 10. Public Order, Mandatory Rules and Evasion of Law I. Public Order II. Mandatory Rules III. Evasion of Law 11. Jurisdiction in Personam I. General Principles II. Special Rules 12. Jurisdiction in Shipping Claims I. Jurisdiction of the Chinese Maritime Courts II. Preservation Measures in Support of Maritime Claims 13. Immunities from Jurisdiction I. Sovereign Immunity II. Jurisdictional Immunity of State-Owned Enterprises 14. Law of Obligations I. Contracts II. Torts III. Unjust Enrichment and Negotiorum Gestio 15. Law of Property I. Immovable Property II. Transfer of Movable Property III. Expropriation IV. Succession to Property 16. Jurisdiction and Applicable Law in Matters of Intellectual Property in China I. Introduction II. Jurisdiction III. Applicable Law IV. Conclusion 17. Family Law I. Marriage II. Matrimonial Causes III. Children IV. Mental Incapacity 18. Law of Corporations and Insolvency I. Capacity, Agency, and Internal Management II. Choice of Law in Insolvency Cases III. Laws of Bankruptcy IV. Cross-border Insolvency 19. Competition Law I. Overview of Chinese Competition Law II. The Court’s Jurisdiction Over International Competition Disputes III. Choice of Law in International Competition Disputes IV. Recognition and Enforcement of Foreign Competition Judgments V. Conclusion 20. Recognition I. Recognition in Bilateral and Multilateral Treaties and Conventions II. Indirect Jurisdiction III. Principle of Reciprocity IV. Grounds for Refusal 21. Enforcement of Judgments I. How China Enforces Judgments II. Procedures for Recognition and Enforcement of Judgments of Foreign Courts 22. Interregional Judicial Assistance I. Introduction II. Service of Process III. Taking Evidence IV. Recognition and Enforcement of Court Judgments and Arbitral Awards 23. International Commercial Arbitration I. Jurisdictional Requirements in International Commercial Arbitration II. Objection to Arbitral Jurisdiction III. Chinese Legislation with Respect to Arbitration Jurisdiction IV. Choice of Law V. Recognition and Enforcement of International Commercial Arbitral Awards in China 24. Investment Treaty Arbitration I. Jurisdiction of the Arbitration Tribunal II. Application of Law III. Recognition and Enforcement of Arbitral Awards 25. China’s Role in the Work of International Organisations I. China and HCCH II. China and UNIDROIT III. China and UNCITRAL IV. China and ICSID Appendices 26. The Belt and Road Initiative and Chinese Private International Law I. The Belt and Road Initiative II. The Belt and Road Initiative and International Civil and Commercial Dispute Settlement 27. The Future of Private International Law I. The Future of Law Application II. The Future of Judicial Assistance Glossary Bibliography Index Subject matter of private international law / Xiaohong Liu, Xin Cai -- Sources of law / Xin Cai -- History of private international law / Xin Cai -- Classification / Xin Cai -- Preliminary question / Xin Cai -- Dépeçage / Xin Cai -- Renvoi / Xin Cai -- Point of contact / Xin Cai -- Ascertainment of foreign law / Xin Cai -- Public order, mandatory rules and evasion of law / Xin Cai -- Jurisdiction in personam / Jianping Shi and Zijun Zhai -- Jurisdiction in shipping claims / Jianping Shi and Zijun Zhai -- Immunities from jurisdiction / Jianping Shi and Zijun Zhai -- Law of obligations / Qingkun Xu -- Law of property / Lin Jia, Qingxuan Wu, Zhengyi Zhang -- Jurisdiction and applicable law in matters of intellectual property in China / Yang Cao -- Family law / Zhengyi Zhang, Jingning Zhang -- Law of corporations and insolvency / Xiaolin Li -- Competition law / Maozhong Ding, Dan Wang -- Recognition / Zhengyi Zhang, Zhen Zhang -- Enforcement of judgments / Zhengyi Zhang -- Interregional judicial assistance / Jun Chen -- International commercial arbitration / Shuo Feng -- Investment treaty arbitration / Junrong Song, Min Han -- China's role in the work of international organisations / Zhengyi Zhang, Yannan Liu -- The belt and road initiative and Chinese private international law / Zhengyi Zhang -- The future of private international law / Guojian XU, Zhengyi Zhang "Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law"-- Provided by publisher