前言 ForewordChina is now one of the most important players in the global politics and economy, with its fast-growing comprehensive national strength, especially with the advancement of its all-round opening up and the Belt and Road Initiative. In face of the unprecedentedly intense economic exchange, communication and cooperation with the rest of the world, China is in great need of professionals possessing both foreign language skills and knowledge and skills of foreign-related commercial law and practice. Such need is urgent in foreign-related arbitration, which is the forefront of foreign-related law and practice and closely in line with the international rules and practice. China’s foreign-related arbitration involves many legal professionals with different roles: advisors, government lawyers, in-house counsels, attorneys, judges, arbitrators and mediators, etc., and of course, scholars of law also play an important role in contributing to the theoretical development. The work of these legal professionals, on the other hand, also covers every aspect of foreign-related legal affairs. So it’s a brilliant idea to compile a book on Foreign-Related Laws and Practice through concerted and collective efforts by the experienced hands in the field of foreign-related arbitration who are representatives from the above-mentioned different legal professions. A journey of a thousand miles begins with a small step. This textbook perfectly combines theory and practice, with Book Ⅰ focusing on theoretical and conceptual elements of law and practice in the foreign-related civil and commercial field and Book Ⅱ presenting the practical perspectives of different roles of practitioners such as lawyers, judges, arbitrators and meditators. It is also interesting and helpful to learn the knowledge and skills of foreign-related commercial law and practice through the eyes of scholars and practitioners who are doing their jobs in foreign-related arbitration, and through reading the texts well-written in English that is the most frequently used foreign language in foreign-related arbitration. As far as I know, this book is the first of its kind, and is a very important attempt to meet the urgent needs of both the foreignrelated arbitration and the young talents, helping them to find each other. From the long-term perspective, this book also answers the call of our country to train young talents for furthering the all-round opening up and Belt & Road Initiative who are capable of actively participating in the global governance and the reconstruction of the international “game rules.” China International Economic and Trade Arbitration Commission (CIETAC) is the first arbitration institution in China, which was established two years earlier than the New York Convention, with the mission to develop China’s foreign-related arbitration. Over the past 60 years, CIETAC has developed rich experience and special features in its rules and practice, such as the heavy-touch institutional administration, the case secretary and award scrutiny mechanisms, the combination of arbitration with conciliation practice initiated by CIETAC, which have also become the distinctive characters of China’s foreign-related arbitration. CIETAC has become a well-known Chinese brand in the international arbitration community and kept playing a leading role in China’s foreign-related arbitration to this day. The younger generation is our future. CIETAC has taken the training of young talents for foreign-related arbitration as its sacred responsibility, and paid relentless efforts in this regard. CIETAC is the “cradle” for many Chinese legal professionals now active in foreign-related and international arbitration. CIETAC encourages young talents to acquire more experience from international competitions, trainings and meetings. It has held 17 CIETAC Cup commercial arbitration moots for several thousand students from over 200 law schools at home and abroad since 2000 and sponsored the winners to participate in the Vis Moot in Vienna and China’s Hong Kong. Apart from this competition, CIETAC has also held ADR moots and international investment arbitration moots. CIETAC cooperates with the Bar Council from the UK on the Judicial Training and the China Senior Lawyers Training Scheme to provide more opportunities for the young arbitration generation to receive highlevel trainings in the UK. As an invited observer of the UNCITRAL, CIETAC sends young representatives every year to participate in its working group sessions to learn and voice out views of the Chinese arbitratioin community. In addition, CIETAC has sponsored other important trainings and programs. As a co-host, CIETAC provides regular training courses for around 1,000 legal practitioner candidates every year by holding mock arbitration hearings based on real CIETAC cases involving typical commercial disputes. CIETAC has created arb-med-arb mock hearings to demonstrate its special practice of combining conciliation with arbitration. CIETAC organizes the China Young Arbitrators Forum and the commercial arbitration prize essay contest, and sends representatives to give arbitration-related lectures at many Chinese universities. These continuous efforts and programs have opened the door to international commercial arbitration for many law students and trained a large number of young talents for the future generation of China’s foreign-related arbitration. Hence, it’s easy to understand CIETAC’s full and firm support to this textbook project which is meaningful in terms of promoting foreign-related arbitration, training young talents, and contributing to the national strategy. I take this opportunity to extend my sincere thanks and gratitude to the editors and writers of this book, and wish this book great success, to become one of the most useful textbooks for the young talents in China.
目录 上册 Chapter 1 Introduction Chapter 2 Legal Profession in Different Jurisdictions Chapter 3 Legal Research Chapter 4 Engagement by Clients and Lawyers’ Professional Responsibility Chapter 5 International and Domestic Norms Chapter 6 Fundamental Legal Framework in China Chapter 7 Laws and Enforcement Index
下册 Chapter 8 Advisory Work Chapter 9 Contract Drafting Chapter 10 Chinese Public Lawyers Chapter 11 Corporate Lawyers Chapter 12 Acting as Counsel Chapter 13 Acting as Judge Chapter 14 Acting as Arbitrator Chapter 15 Acting as Mediator Index
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