A Uniform, Internationally Oriented Legal Framework for the Recognition and Enforcement of Foreign Arbitral Awards in Mainland China, Hong Kong and Taiwan?

2007 ◽  
Vol 6 (2) ◽  
pp. 345-361
Author(s):  
José Alejandro Carballo Leyda
Keyword(s):  
Hong Kong ◽  
Mainland China ◽  
Legal Framework ◽  
Recognition And Enforcement

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

Jie Huang: Interregional Recognition and Enforcement of Civil and Commercial Judgments, Oxford and Portland, OR: Hart Publishing, 2014, 352 pp. Hardcover £65/€84.50

2014 ◽  
Vol 9 ◽  
pp. 381-385
Author(s):  
Tan Lee Cheng
Keyword(s):  
Hong Kong ◽  
Comparative Study ◽  
Mainland China ◽  
Status Quo ◽  
The Us ◽  
Two Systems ◽  
The Status ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
The One

AbstractReview of “Interregional Recognition and Enforcement of Civil and Commercial Judgments” by Professor Jie Huang (Oxford and Portland, Oregon: Hart Publishing, 2014) which analyses the status quo of judgment recognition and enforcement in the Mainland China, Macao and Hong Kong under the ‘One Country, Two Systems’ regime. The book also presents a comparative study of the interregional recognition and enforcement of judgments in the US and EU.

1 Introduction

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
International Economic ◽  
Hong Kong ◽  
Dispute Resolution ◽  
Dominant Role ◽  
Mainland China ◽  
Legal Framework ◽  
International Treaties ◽  
Statutory Law ◽  
Judicial Interpretations

This chapter provides an overview of arbitration in China, as well as the arbitration and other dispute resolution services provided by the China International Economic and Trade Arbitration Commission (‘CIETAC’). The legal framework governing arbitration in China consists of: (1) statutory law; (2) judicial interpretations; and (3) international treaties. In addition, special provisions have been put into place to deal with arbitration matters involving China and the special administrative regions of Hong Kong and Macao; these special provisions are promulgated in mainland China as judicial interpretations. The chapter distinguishes between domestic and foreign arbitration, and looks at the framework of institutional arbitration in China. It then details the important features of CIETAC arbitration. The CIETAC is China’s pre-eminent arbitral institution and has played the dominant role in the arbitration of Chinese-foreign business disputes for over sixty years.

scholarly journals Conflicts between Civil Law and Common Law in Judgment Recognition and Enforcement: When is the Finality Dispute Final?

2021 ◽  
Author(s):  
Jie Huang
Keyword(s):  
Hong Kong ◽  
Common Law ◽  
Civil Law ◽  
Mainland China ◽  
Eu Law ◽  
Three Solutions ◽  
Chinese Law ◽  
Recognition And Enforcement ◽  
The Law

Very little literature concerns conflicts between civil law and common law requirements for judgment recognition and enforcement (JRE) and grounds for refusing JRE. This paper intends to fill this gap by using the finality dispute between Mainland China and Hong Kong as an example. It compares relevant Chinese law, Hong Kong law, U.S. law, and EU law. It also analyzes Mainland judicial statistics from 1999 to 2010. It argues that Hong Kong courts inappropriately apply the law of the requested court to determine the finality of a Mainland judgment in the judgment recognition and enforcement proceedings. It proposes three solutions to solve the finality dispute between Mainland China and Hong Kong: amend Hong Kong law, amend Mainland law, or adopt interregional law approaches.

scholarly journals Arbitration and Protest in Hong Kong

2021 ◽  
Author(s):  
Jie Huang
Keyword(s):  
Hong Kong ◽  
Mutual Recognition ◽  
Mainland China ◽  
Special Administrative Region ◽  
Judicial Interpretation ◽  
Mutual Assistance ◽  
First Case ◽  
Recognition And Enforcement ◽  
One Country Two Systems ◽  
Interim Measures

Following the promulgation of the judicial interpretation by the Supreme People’s Court (“SPC”) on 26 September 2019, Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (“Arrangement”) signed by Mainland China and Hong Kong on 2 April 2019 came into effect in Mainland China from 1 October 2019. This Arrangement provides mutual recognition and enforcement of interim measures between Hong Kong and Mainland China. It has generated broad coverage. This post tries to add to the discussion by providing the first case decided under the Arrangement on 8 October 2019, and more broadly, the reflections on the continuing protests in Hong Kong and arbitration under “One Country, Two Systems’.

Trade Ties between Hong Kong and Mainland China

Asian Survey ◽  
1970 ◽  
Vol 10 (9) ◽  
pp. 820-839
Author(s):  
Patrick Yeung
Keyword(s):  
Hong Kong ◽  
Mainland China
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