A Comparative Study on the Contract Law of the People's Republic of China and International Trade Rules - Focused on the CISG, PICC and PECL -

2010 ◽  
Vol 25 (3) ◽  
pp. 23-46
Author(s):  
Kwangmyung Woo ◽  
HYUN SOOK CHO
1976 ◽  
Vol 68 ◽  
pp. 734-750 ◽  
Author(s):  
Edwin A. Winckler

Professor Nathan's pungent essay raises important issues for the politics of development in general and for drawing comparative conclusions from the Chinese case in particular. His cleansing scepticism demolishes some positions which may be held by authors in the China field and reminds others that the unstated assumptions in their models need better articulation. However he goes too far. What needs to be re-established is that clear and modest formulations of short-term recurrence, interdependence among policies, and two-sided policy disagreement are not avoidable errors but indispensable heuristic devices in the conceptual repertoire of China watchers. In fact it would be a great disservice to stùdies of contemporary China and to comparative study of the Chinese case if Professor Nathan were allowed to succeed in his attempt to identify all such analyses with his reductio ad absurdum of some of them. Let us try to rescue the possibility of constructive social science modelling of the three principal issues Professor Nathan raises.


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.


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