Particularities of Commercial Arbitration Proceedings with a Chinese Nexus

–Chinese Perspectives

18 September 2012, Munich

Arbitration Institution Perspective

Chinese PerspectiveEuropean Perspective

Chinese Perspective

Cost Remedy

Justice

Result

Inside China/Outside China?-Cost

• Time Consuming• Due to the difference on evidence rules, Chinese arbitration has

much less witness, along with very short cross examination, debate and closing, in China only 2 or 3 hearings is expected on most of the cases

• Arbitrator’s fee (lawyer fee)• Chinese do not feel safe about hourly fee, and Chinese

Arbitrator’s fee is included and charged by institution according to flat fee

Government Guidance Standards of Lawyers’ Fees of Shanghai Municipality

Claim Amount

€ ( €:RMB=1:10)

Charge Scale

10,000 below 8%-12%

at least 300

10,000-100,000 5%-7%

100,000-1,000,000 3%-5%

1,000,000-10,000,000 1%-3%

Above 10,000,000 0.5%-1%

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 evidence collection and client’s satisfaction

European /Chinese

Inside China/Outside China?-Remedy

• Court or Arbitration?• Some Chinese prefer more remedy, like court case which has

two instance

• Arbitration Seat-Enforcement• Some Chinese prefer the arbitration seat out of China

Thank you very much

Please feel free to contact me

Yiyi.Jin Attorney at Law

yiyi.jin@dachenglaw.com

yiyi.jin@gmail.com