Skip Navigation


Chinese Journal of International Law Advance Access originally published online on October 19, 2009
Chinese Journal of International Law 2009 8(3):715-740; doi:10.1093/chinesejil/jmp025
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
8/3/715    most recent
jmp025v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by HUANG, J.
Right arrow Articles by LONG, W.
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© The Author 2009. Published by Oxford University Press. All rights reserved

PRACTICE AND DOCUMENTS

Chinese Judicial Practice in Private International Law: 2006

HUANG Jin*, SONG Lianbin **, LI Qingming *** and LONG Weidi ****

Correspondence: * Professor of Law, President of China University of Political Science and Law, P.R. China (email: huangjin{at}cupl.edu.cn); President of China Society of Private International Law (CSPIL); Vice-President of Chinese Society of International Law (CSIL); Arbitrator of Court of Arbitration for Sports (CAS). The English version of this paper was completed on 15 June 2009.

This annual survey of Chinese judicial practice in private international law in 2006 opens with an analysis of several significant judicial interpretations which will serve as guidelines for Chinese courts at various levels in charge of cases involving foreign elements, and which may give rise to problems calling for further improvements. A statistical analysis follows, examining 50 trans-jurisdictional civil and commercial cases before Chinese courts in 2006, and advocating reasonable invocation of the tool of evasion of law, the doctrine of ordre public and mandatory rules. The judgment rendered by the Supreme People's Court in Starflower Investment Service, Ltd. v. Hangzhou Jinma Real Estate, Ltd. and Hangzhou Future World Recreation, Ltd. is then discussed, with focus on choice of law for guaranties to foreign companies. Finally, after dealing with several cases in point, the authors suggest that the internet should be consulted more frequently in proving foreign law.

** Professor of Law, Wuhan University Institute of International Law, China (email: songlianbin{at}hotmail.com).

*** PhD Candidate, Wuhan University, P.R. China (email: lawyerlee83{at}hotmail.com).

**** MPhil–PhD Candidate, Wuhan University, P.R. China (email: longweidi{at}hotmail.com).


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer: Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.