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Yiyi first panel 20120918_munich

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Transcript

  • 1. Particularities of Commercial ArbitrationProceedings with a Chinese Nexus–Chinese Perspectives18 September 2012, Munich
  • 2. Arbitration Institution PerspectiveChinese PerspectiveEuropean Perspective
  • 3. Chinese PerspectiveCost RemedyJusticeResult
  • 4. Inside China/Outside China?-Cost• Time Consuming• Due to the difference on evidence rules, Chinese arbitration hasmuch less witness, along with very short cross examination,debate and closing, in China only 2 or 3 hearings is expected onmost of the cases• Arbitrator’s fee (lawyer fee)• Chinese do not feel safe about hourly fee, and ChineseArbitrator’s fee is included and charged by institution accordingto flat fee
  • 5. Government Guidance Standards of Lawyers’Fees of Shanghai MunicipalityClaim Amount€ ( €:RMB=1:10)Charge Scale10,000 below 8%-12%at least 30010,000-100,000 5%-7%100,000-1,000,000 3%-5%1,000,000-10,000,000 1%-3%Above 10,000,000 0.5%-1%
  • 6. Inside China/Outside China?-Justice• Arbitration Institution & Arbitration Rules(chief Arbitrator) & Arbitration Seat• Make Chinese know more about them and trust them• Communication with Foreign Lawyers• Rely on Chinese Lawyer to solve the gap of language, cross-culture and different mentality, enhance the quality of evidencecollection and client’s satisfaction
  • 7. European /Chinese
  • 8. Inside China/Outside China?-Remedy• Court or Arbitration?• Some Chinese prefer more remedy, like court case which hastwo instance• Arbitration Seat-Enforcement• Some Chinese prefer the arbitration seat out of China
  • 9. Thank you very muchPlease feel free to contact meYiyi.Jin Attorney at Lawyiyi.jin@dachenglaw.comyiyi.jin@gmail.com
  • 10. Thank you very muchPlease feel free to contact meYiyi.Jin Attorney at Lawyiyi.jin@dachenglaw.comyiyi.jin@gmail.com