Chinese Private International Law

Foreword
Acknowledgements
Contents
List of Contributors
List of Abbreviations
Table of Cases
Table of Legislation
1. Subject Matter of Private International Law
	I. Definition of the Civil and Commercial Legal Relationships
	II. Definition of the Foreign-Related or International Factors
	III. Case Studies
2. Sources of Law
	I. Domestic Sources
	II. Judicial Interpretations
	III. International Treaty
	IV. International Custom and Practice
	V. Judicial Precedent and Authoritative Academic Theory
3. History of Private International Law
	I. Private International Law in Ancient China
	II. Transition to Modern Private International Law
	III. Private International Law in the PRC
4. Classification
	I. Definition
	II. Characterisation Conflict
	III. Case Studies
5. Preliminary Question
	I. Definition
	II. Solution of Preliminary Question Problems
	III. Current Practice in China on Preliminary Question Problems
	IV. Case Studies
6. Dépeçage
	I. Definition
	II. Legislation and Practice on Dépeçage in China
	III. Case Studies
7. Renvoi
8. Point of Contact
	I. Nationality
	II. Habitual Residence
9. Ascertainment of Foreign Law
	I. Nature of Foreign Law
	II. Method of Ascertaining Foreign Law
10. Public Order, Mandatory Rules and Evasion of Law
	I. Public Order
	II. Mandatory Rules
	III. Evasion of Law
11. Jurisdiction in Personam
	I. General Principles
	II. Special Rules
12. Jurisdiction in Shipping Claims
	I. Jurisdiction of the Chinese Maritime Courts
	II. Preservation Measures in Support of Maritime Claims
13. Immunities from Jurisdiction
	I. Sovereign Immunity
	II. Jurisdictional Immunity of State-Owned Enterprises
14. Law of Obligations
	I. Contracts
	II. Torts
	III. Unjust Enrichment and Negotiorum Gestio
15. Law of Property
	I. Immovable Property
	II. Transfer of Movable Property
	III. Expropriation
	IV. Succession to Property
16. Jurisdiction and Applicable Law in Matters of Intellectual Property in China
	I. Introduction
	II. Jurisdiction
	III. Applicable Law
	IV. Conclusion
17. Family Law
	I. Marriage
	II. Matrimonial Causes
	III. Children
	IV. Mental Incapacity
18. Law of Corporations and Insolvency
	I. Capacity, Agency, and Internal Management
	II. Choice of Law in Insolvency Cases
	III. Laws of Bankruptcy
	IV. Cross-border Insolvency
19. Competition Law
	I. Overview of Chinese Competition Law
	II. The Court’s Jurisdiction Over International Competition Disputes
	III. Choice of Law in International Competition Disputes
	IV. Recognition and Enforcement of Foreign Competition Judgments
	V. Conclusion
20. Recognition
	I. Recognition in Bilateral and Multilateral Treaties and Conventions
	II. Indirect Jurisdiction
	III. Principle of Reciprocity
	IV. Grounds for Refusal
21. Enforcement of Judgments
	I. How China Enforces Judgments
	II. Procedures for Recognition and Enforcement of Judgments of Foreign Courts
22. Interregional Judicial Assistance
	I. Introduction
	II. Service of Process
	III. Taking Evidence
	IV. Recognition and Enforcement of Court Judgments and Arbitral Awards
23. International Commercial Arbitration
	I. Jurisdictional Requirements in International Commercial Arbitration
	II. Objection to Arbitral Jurisdiction
	III. Chinese Legislation with Respect to Arbitration Jurisdiction
	IV. Choice of Law
	V. Recognition and Enforcement of International Commercial Arbitral Awards in China
24. Investment Treaty Arbitration
	I. Jurisdiction of the Arbitration Tribunal
	II. Application of Law
	III. Recognition and Enforcement of Arbitral Awards
25. China’s Role in the Work of International Organisations
	I. China and HCCH
	II. China and UNIDROIT
	III. China and UNCITRAL
	IV. China and ICSID
	Appendices
26. The Belt and Road Initiative and Chinese Private International Law
	I. The Belt and Road Initiative
	II. The Belt and Road Initiative and International Civil and Commercial Dispute Settlement
27. The Future of Private International Law
	I. The Future of Law Application
	II. The Future of Judicial Assistance
Glossary
Bibliography
Index