Font Size: a A A

Analysis Of Related Party Transactions Legal

Posted on:2006-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2206360152487915Subject:Law
Abstract/Summary:PDF Full Text Request
It has been 10 years that the Arbitration Law of China was promulgated and adopted. As a universally recognized non-governmental way of settling disputes in international society, the commercial arbitration is in people's good graces for its advantages of flexibility, swiftness, economy, timeliness, confidentiality and internationality. Especially with the internationalization of today's commercial trade, the role of the commercial arbitration in the settlement of the commercial disputes becomes more and more important, thus the perfection of the arbitration institute has significant importance. So it is necessary for us that not only comprehending the trend of the international arbitration but also comparing the experience of different countries. The issue of "arbitrability "goes to the very foundation of commercial arbitration – the nature and subject matter of a dispute which may be dealt with by arbitration, determining the effectiveness of arbitration agreement and, the recognition and enforcement of a resultant award. Although arbitrability takes an important role in arbitration system, from now on, there are few books regarding this subject. I hope this article can contribute to the arbitration theory and practice. The article is written by the method of comparison, based on the horizontal and vertical, compared international, national legislations. Combining with the theory, legislation and practice, the author tries to finish the research on the base of international and national situation currently. The article can be divided into 5 parts, the details as follows: Part1,the notion and the importance of the arbitrability. The author tries to get the dominant position of the arbitration as a systematic means of dealing disputes. Part2,the legislation on arbitrability of some representative countries and the comparing research. Part3,the establishment of the standard of arbitrability. This part is the vital part of the whole composition. Part4,the research on specific disputes. Part5,the conclusion. This part is the stopover of the composition. The author on one hand analyzes the practice of china, on the other hand expounds the utilization of the theory of arbitrability.
Keywords/Search Tags:Connected transaction, of listed companies, Related parties, Protection of Creditor and minority shareholder's rights and interests
PDF Full Text Request
Related items