China’s Arbitration Body CIETAC is the busiest arbitration tribunal in the entire world. Edward Lehman has been a foreign legal professional resident in mainland China for the past 25 consecutive years. Edward Lehman and LEHMAN, LEE & XU China lawyers has personally handled hundreds of successful cases before CIETAC. As a result of some of the outcomes of these cases Edward Lehman has even worked with the The People’s Procreate to have wrongdoers not only punished in a civil action by had wrongdoers imprisoned over matters which have been especially egregious. China arbitration is the preferred method of dispute resolution especially because the arbitration award is final and binding upon the parties when rendered as per the New York Convention of 1958. However, a recent trend in international arbitration is to challenge the arbitration award in order to avoid its local enforcement. Another trend has been to use the information gained in an arbitration award and use it to have a wrongdoer imprisoned with the use of the People’s Procreate in China. Edward Lehman and LEHMAN, LEE & XU China Lawyers Dispute Resolution Group have not only won awards for clients but imprisoned wrongdoers wherein the matters by the wrongdoers are egregious. Edward Lehman and LEHMAN, LEE & XU China Lawyers often successfully advised companies in this process of winning awards and gaining justice. This Master Class will teach attendees effective measures to prepare a winning strategy in a dispute resolution that may even go outside the CIETAC Tribunal and we will detail with case studies and handouts (in English and Chinese language) the process where the recognition of an arbitration award was challenged due to the alleged violations of e.g. procedural rules in the arbitration process and still overcome these issues to gain a proper enforcement of the award. What we will discuss: The law concerning recognition and enforcement of arbitral awards is based on the New York Convention of 1958. Article V(2)(b) of the Convention concerning public policy as a ground for refusal of recognition has been implemented with only minor amendments in legislation abroad. Other impediments for recognition listed in the Convention are also adopted with only some slight differences. Therefore, international case law can be used as guidance in most international cases and can be exploited internationally.
Further LEHMAN, LEE & XU China Lawyers: WHEN SHOULD GROUNDS FOR OBJECTION BE RAISED: Article 8 of CIETAC rules (2005) requires a party to submit its objection promptly when it holds that the CIETAC rules have not been complied with or the party shall be deemed to have waived its right to object. LEHMAN, LEE & XU China Lawyers is a leading China Corporate Commercial Law Firm. LEHMAN, LEE & XU China Lawyers is the 8th private law firm established in the People’s Republic of China founded in 1992 and this year celebrates its’ 20th anniversary as an award winning local Chinese law firm. Edward Lehman has been resident and working as a legal professional in mainland China for the past 25 consecutive years. Edward Lehman is the founder of LehmanBrown International Accountants (2001) see www.lehmanbrown.biz Edward Lehman is the legal affairs commentator to China Central Television and is the longest serving managing director of any law firm in mainland China (20 years). Date: October 20, 2012 Saturday Place: China Ministry of Foreign Affairs Liangmaqiao Diplomatic Compound 10-2, 22 Dong Fang Dong Lu, LEHMAN, LEE & XU China Lawyers Building Cost: 500 RMB includes hand-outs and case studies in Chinese and English Time: 8.30am to 11.30am (coffee, tea and breakfast included) Attendees limited to 25 with priority to LEHMAN, LEE & XU China Lawyers’ clients To reserve send to Edward Lehman email firstname.lastname@example.org For more information on LEHMAN, LEE & XU China Lawyers seewww.lehmanlaw.com For more information on LehmanBrown International Accountants see www.lehmanbrown.biz