Yiyi first panel 20120918_munich
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Particularities of Commercial Arbitration Proceedings with a Chinese Nexus –Chinese Perspectives 18 September 2012, Munich
Transcript of Yiyi first panel 20120918_munich
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
