| Date : | April 28th, 2012 | | Title : | Short-term Junior Expert | | Industry type : | Special Agency for Internationalization | | Type of job : | Full time | | Work Location : | Beijing
| | Salary Range : | 07 - Salary Not Indicated
| | Company Info : | Launched on 1st Nov 2010 and running until 31st Oct 2013 the EU SME Centre is operated by a consortium of European Chambers of Commerce, led by the China-Britain Business Council and includes the Benelux, French, German, Italian and Spanish Chambers in Beijing, as well as the European Union Chamber of Commerce in China and Eurochambres.
The overall objective of the EU SME Centre is to contribute to improving the trade and economic relations between the EU and China and to further Europe’s interests vis-à-vis China. The EU SME Centre will achieve this by helping EU SMEs overcome barriers and constraints they face on their efforts to invest in or export to the Chinese market. |
| Qualifications and Educations : | | Education in the field of law.
Excellent knowledge of Chinese Law of Procedure on dispute settlement particularly litigation and arbitration;
Minimum 6 years of work experience with a minimum of 3 years of recent experience related to dispute settlement in China;
Excellent English drafting skills.
For further information please don’t hesitate to contact:
Mrs. Ludmila Hyklova, Market Access Advisor - Legal
Email: ludmila.hyklova@eusmecentre.org.cn
| | Job Description : |
There are situations where a business relationship does not evolve intended way and a third party has to interfere in order to solve or assist to solve dispute between business partners - suppliers, customers, distributers etc.. Chinese tradition and its legal tradition with emphasis on social harmony did not support civil litigation as it was considered as something which disgrace all participants and it favored more peaceful ways of dispute settlement avoiding open conflict. Therefore even today when modern Chinese law contains legal procedures known to law of EU countries, eg. mediation is often part of various stages even during litigation. Irrespective how familiar legal provisions and institutes of law of procedure may appear to foreigners, it is important to understand systems of dispute settlement as a whole in order to choose the most optimal option for each particular case. And then of course be familiar with rights and obligations which chosen type of dispute settlement brings along. With increase of foreign investment and import/export, foreign companies are inevitably more often participants of various commercial and civil disputes. Companies suddenly move from areas (commercial relationship) mostly governed by private law into an area where public and therefore less flexible system is dominant. A dispute can bring not only harm in form of a financial loss, but can significantly harm company reputation, what might be detrimental. Therefore it is vital to be familiar with options of dispute settlement even before any dispute arise. Ideally before any business relationship commence and incorporate it into the business terms and conditions.
The target of this activity is to provide a comprehensive review of the law of procedure with focus on commercial disputes where a foreign element is involved. Guideline shall cover especially following aspects:
- Legal framework;
- Types of dispute settlement and their advantages and disadvantages
- Short introduction into system of institutions involved
- Litigation
- Arbitration
- Mediation
- In all types especially cover (where applicable) which court or any other dispute settlement body is competent in the case, representation, language, the law (option to choose the law), discretion of the parties with the process, type of procedure, stages, burden of evidence, decisions, legal remedy (system of appeals), time, enforcement of decisions, special procedures (eg preservation of property), costs.
- Interconnection between the types of dispute settlement
- Recommendations (both before and during the dispute settlement) etc.
Following a set template the non-key Expert will introduce the Chinese legal framework of dispute settlement, increase understanding on different types of dispute settlement in China, with focus on rights and obligations companies have before, during and after the dispute.
The task should commence 2nd May and end no later than 21st May 2012.
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