Chinese Private International Law

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.

List of contents

Summary of Contents

1. Subject Matter of Private International Law
Xiaohong Liu, Shanghai University of Political Science & Law, China and Xin Cai, Shanghai University of Political Science & Law, China
2. Sources of Law
Xin Cai, Shanghai University of Political Science & Law, China
3. History of Private International Law
Xin Cai, Shanghai University of Political Science & Law, China
4. Classification
Xin Cai, Shanghai University of Political Science & Law, China
5. Preliminary Question
Xin Cai, Shanghai University of Political Science & Law, China
6. Dépeçage
Xin Cai, Shanghai University of Political Science & Law, China
7. Renvoi
Xin Cai, Shanghai University of Political Science & Law, China
8. Point of Contact
Xin Cai, Shanghai University of Political Science & Law, China
9. Ascertainment of Foreign Law
Xin Cai, Shanghai University of Political Science & Law, China
10. Public Order, Mandatory Rules and Evasion of Law
Xin Cai, Shanghai University of Political Science & Law, China
11. Jurisdiction in Personam
Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
12. Jurisdiction in Shipping Claims
Jianping Shi, Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
13. Immunities from Jurisdiction
Jianping Shi, Jianping Shi, Shanghai University of Political Science & Law, China and Zijun Zhai, Shanghai University of Political Science & Law, China
14. Law of Obligations
Qingkun Xu, Shanghai University of Political Science & Law, China
15. Law of Property
Lin Jia, Shanghai University of Political Science & Law, China, Qingxuan Wu, Shanghai University of Political Science & Law, China and Zhengyi Zhang, Shanghai University of Political Science & Law, China
16. Jurisdiction and Applicable Law in Matters of Intellectual Property in China
Yang Cao, Shanghai University of Political Science & Law, China
17. Family Law
Zhengyi Zhang, Shanghai University of Political Science & Law, China and Jingning Zhang, Shanghai University of Political Science & Law, China
18. Law of Corporations and Insolvency
Xiaolin Li, Shanghai University of Political Science & Law, China
19. Competition Law
Maozhong Ding, Shanghai University of Political Science & Law, China and Dan Wang, a Chinese attorney
20. Recognition
Zhengyi Zhang, Shanghai University of Political Science & Law, China and Zhen Zhang, Shanghai University of Political Science & Law, China
21. Enforcement of Judgments
Zhengyi Zhang, Shanghai University of Political Science & Law, China
22. Interregional Judicial Assistance
Jun Chen, Shanghai University of Political Science & Law, China
23. International Commercial Arbitration
Shuo Feng, East China University of Political Science and Law
24. Investment Treaty Arbitration
Junrong Song, Shanghai University of Political Science & Law, China and Min Han, Shanghai University of Political Science & Law, China
25. China’s Role in the Work of International Organisations
Zhengyi Zhang, Shanghai University of Political Science & Law, China and Yannan Liu, Shanghai University of Political Science & Law, China
26. The Belt and Road Initiative and Chinese Private International Law
Zhengyi Zhang, Shanghai University of Political Science & Law, China
27. The Future of Private International Law
Guojian Xu, Shanghai University of Political Science & Law, China and Zhengyi Zhang, Shanghai University of Political Science & Law, China

About the author

Xiaohong Liu is a Professor and PhD supervisor of law, and the President of the Shanghai University of Political Science and Law. She was appointed and served as the Vice Chairman of the ICC Commission on Arbitration & ADR between 2016 and 2019. Currently, she is a member of the Commission of the ICC International Court of Arbitration on the Belt and Road Initiative, Vice Chairman of ICC China Commission on Arbitration & ADR, China Society of Private International Law and Shanghai Law Society, President of the Institute for the Belt and Road Initiative of Shanghai Law Society, and chief expert at the Collaborative Innovation Center of China (Shanghai) Pilot Free Trade Zone.

Xiaohong also practises as an arbitrator in the China International Economic and Trade Arbitration Commission, Shanghai International Economic and Trade Arbitration Commission, Shenzhen Court of International Arbitration, Shanghai Arbitration Commission, Cairo Regional Centre for International Commercial Arbitration, and Arbitration Foundation of Southern Africa, among others, and as a mediator at the Shanghai-Rhone-Alpes International Mediation Center.
Zhengyi Zhang is an Associate Professor and Deputy Director at the International Affairs Office of Shanghai University of Political Science and Law. She is also an arbitrator at the Shanghai International Arbitration Center.

Product details

• Authors: Xiaohong Liu, Zhengyi Zhang
• Assisted by: Professor Xiaohong (Shanghai University of Political Science and Law) Liu (Editor), Xiaohong Liu (Editor), Zhengyi Zhang (Editor), Zhengyi (Shanghai University of Political Science and Law) Zhang (Editor)
• Publisher: Hart Publishing
• Languages: English
• Product format: Hardback
• Released: 06.05.2021
• EAN: 9781509924370
• ISBN: 978-1-5099-2437-0
• No. of pages: 352
• Dimensions: 179 mm x 250 mm x 23 mm
• Series: Studies in Private International Law - Asia
• Subjects: Social sciences, law, business > Law; China, LAW / Commercial / General, LAW / International, LAW / Conflict of Laws, Commercial law, Private International Law & Conflict Of Laws, Private international law and conflict of laws