2 The Arbitration Commission: Structure and Duties: (Articles 1 and 2)

Author(s):  
Yu Jianlong ◽  
Cao Lijun

This chapter reflects on the history and organization of the China International Economic and Trade Arbitration Commission (‘CIETAC’) and the role it plays in the administration of arbitrations under the CIETAC Rules. The CIETAC is organized as an arbitration commission under the Arbitration Law of the People’s Republic of China (‘PRC Arbitration Law’). Its internal rules of governance are set out in the Articles of Association of the CIETAC. The chapter then considers the previous and concurrent names of the CIETAC—including the China Council for the Promotion of International Trade (‘CCPIT’) and the China Chamber of International Commerce (‘CCOIC’)—and the rule concerning reference to the CIETAC’s other names in the arbitration agreement. It also discusses the structure and duties of the CIETAC, including: (i) the duties of the Chairman, Vice Chairmen, and the Arbitration Court; (ii) the establishment and organs of sub-commissions/arbitration centres under the CIETAC; and (iii) the allocation of jurisdiction among the CIETAC and its various sub-commissions and/or arbitration centres.

2021 ◽  
pp. 1-25
Author(s):  
Scarlett Queen Almeida Bispo

Esta Nota Técnica visa investigar a posição do market share brasileiro ante a dos seus principais concorrentes nas importações da China dos subsetores mais relevantes do agronegócio, visto que produtos agropecuários passaram a ter expressão na relação comercial sino-brasileira. O estudo tem como base o Banco de Dados das Estatísticas do Comércio Internacional das Nações Unidas (United Nations International Trade Statistics Database – Comtrade), a Administração Geral das Alfândegas da República Popular da China (General Administration of Customs People’s Republic of China – GACC), o Departamento de Agricultura dos Estados Unidos (United States Department of Agriculture – USDA) e o Mapa (Agrostat – Estatísticas de Comércio Exterior do Agronegócio Brasileiro). Trata-se de uma análise de dados com abordagem quantitativa, que descreve o market share dos principais países que compõem as importações advindas da China. Para isso, utilizaram-se como recorte dez subsetores do agronegócio selecionados a partir da coleta de dados secundários referentes às importações chinesas e às exportações brasileiras para a China, elencando-os com o apoio do critério de maior valor. Desse modo, foram selecionados os seguintes subsetores: soja em grãos, celulose, açúcar de cana ou beterraba, carne bovina, carne de frango, couros e peles de bovinos ou equídeos, óleo de soja, algodão e produtos têxteis de algodão, fumo não manufaturado e desperdícios de fumo e carne suína.


Author(s):  
Taomo Zhou

This chapter highlights the stories of Chinese migrants who came to the People's Republic of China from Indonesia during the two-decade span of this book. By the late 1960s, at least 164,000 ethnic Chinese had “returned” to their ancestral homeland even though most of them were born and raised in Indonesia. The majority started their lives all over again on the overseas Chinese farms, primarily located in the mountainous regions in the Southern Chinese provinces of Fujian, Guangdong, and Hainan. However, these repatriated overseas Chinese carried the daily practices of capitalism and transnational investment ties with them. Ironically, their resistance against the socialist state's attempts to incorporate them helped prepare the PRC for its transition to market principles and its opening to international trade. Their tales of hope and disappointment, compromise and perseverance, conclude this story of migration in the time of revolution.


Author(s):  
Linh Le Thuc Bui

In international trade where the buyer and the seller do not have information about each other, letter of credit is used to assure the other parties' fears in the sale contract. For instance, the sellers are afraid of not being paid after sending the goods bought by the purchasers, meanwhile, the buyers have no reasonable grounds to believe the sellers will send the conforming goods under the requirements of the sale contracts. The letter of credit is a settlement between parties to reduce the risks and inserts security into the international sale of goods. However, there are fraudsters who tries to defraud the process of the letter of credit and fraud rule is expected to prevent this issue. There are countries tried to develop specific regulations for the letter of credit and fraud rule, one of those countries is the People's Republic of China (P.R.C). The practices of letter of credit in China had been an aiming point of critiques through years by letter of credit experts. In such wise, the Supreme People's Court of P.R.C has issued the Rules of the Supreme People's Court Concerning Several Issues in Hearing Letter of Credit Case (``the 2005 Rules'') in an effort to partly solve the problems. This paper will give a brief introduction about the letter of credit's operation, the law regulating the letter of credit in international trade as well as illustrate the specify law for the fraud rule in letter of credit law in P.R.C by emphasizing the history and summarizing the structure of the fraud rule. Thenceforward, the author will evaluate the case study in Vietnam to show the situation of Vietnam in these days and giving recommendations.


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