News & Analysis as of

China International Arbitration

Sheppard Mullin Richter & Hampton LLP

Highlights of the Draft Amendment to the Arbitration Law of China

Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more

K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

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Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

Morrison & Foerster LLP

HKIAC’s 2023 Statistics Reinforce Hong Kong’s Appeal As An Arbitration Hub

On 6 March 2024, the Hong Kong International Arbitration Centre (HKIAC) released its annual statistics for 2023. The numbers reaffirm Hong Kong’s position as a highly attractive center for international arbitration. In...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

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On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

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The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

K&L Gates LLP

Arbitration in Asia Mini-series: The Shanghai Outlook

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As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding...more

Seyfarth Shaw LLP

US-China Trade: Outbound Investment Control Regime in Sensitive Technologies

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中美贸易:敏感技术的对外投资管制制度 Executive Order on Outbound Investment 有关对外投资的行政令 - A new executive order signed by President Biden in August 2023 restricts outbound investment to China in several critical cutting-edge technologies...more

White & Case LLP

The Growth of Third-Party Funding: A Global Perspective

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Recent developments in Nigeria, India and China highlight the relentless global rise of third-party funding ("TPF"). These developments emphasise how TPF is now an integral part of arbitration proceedings across the world. We...more

Carlton Fields

Court Enforces Nine-Figure Chinese Arbitration Award, Finding Notice Requirements of New York Convention Were Satisfied

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The U.S. District Court for the Southern District of New York recently denied a motion to reconsider its prior confirmation of a “multihundred-million-dollar” arbitration award by a Chinese arbitration panel. In the...more

Morrison & Foerster LLP

SIAC Remains a Popular and Attractive Arbitral Institution

In 2022, the SIAC received a total of 357 new case filings, 336 of which were cases administered by the SIAC. With the boom in disputes triggered by the COVID-19 pandemic fading away, the SIAC’s 2022 caseload dropped below...more

Faegre Drinker Biddle & Reath LLP

Arbitration Updates From China, Stockholm and the World Bank

In this continuation of updates on international arbitration trends in 2022, several additional arbitral institutions have published their annual reports, confirming a busy recovery year in the international arbitration...more

Morrison & Foerster LLP

Hong Kong Permits Outcome Related Fee Structures in Arbitration

On December 16, 2022, Hong Kong’s new regime permitting outcome related fee structures (“ORFS”) in arbitration and arbitration-related court proceedings came into force. This follows a recommendation for change by the Law...more

White & Case LLP

Impact of Global Price Volatility on Damages Calculations in International Arbitration

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The global energy and commodity sectors face unprecedented uncertainty. Increased global demand, coupled with supply chain constraints triggered by Russia's invasion of Ukraine, and China's COVID-19 restrictions and its...more

A&O Shearman

Indonesia’s Revocation Of Mining Permits: What Foreign Investors Need To Know

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On September 26, 2022, the Indonesian Minister of Investment provided an update on the review process being undertaken by the Ministry of Investment in respect of its revocation of over 2,000 mining permits in August 2022....more

Paul Hastings LLP

HKIAC as First and Only outside Mainland China: Named by China International Commercial Court on One-Stop Platform for Diversified...

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Starting from June 22, 2022, parties to international commercial arbitrations administered by the Hong Kong International Arbitration Centre (“HKIAC”) can apply directly to the China International Commercial Court (“CICC”)...more

Walkers

Offshore Litigation And Hong Kong Seated Arbitrations

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Bermudan, British Virgin Islands (“BVI”) and Cayman Islands companies are frequently used as investment vehicles for Hong Kong and Chinese companies and individuals. This is reflected in the frequency with which they are a...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Permanently Stays International Arbitration

Earlier this year, in In re New York State Dept. of Health (Rusi Tech. Co., Ltd.), Albany County Commercial Division Justice Richard Platkin issued a decision to permanently stay the arbitration before the China International...more

Hogan Lovells

A general introduction to technology disputes in Mexico

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In Mexico, disputes involving technological assets tend mainly to concern the unauthorised manufacture, use and sale of software and inventions. Unfortunately, Mexico is a country that faces a serious piracy problem, of both...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs?

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Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration?...more

Dorsey & Whitney LLP

International Arbitration of Chinese Companies (Series VII): Who Will Bear The Arbitration Costs? - Chinese Version

Dorsey & Whitney LLP on

上一篇中国企业的国际仲裁(系列六):第三方资助可行吗?文章提到香港商事仲裁费用偏高的问题,那么一方在仲裁中胜诉后,费用应由谁来承担呢?一般来讲,仲裁庭会决定仲裁费用按照什么比例、由仲裁各方承担。本文就仲裁庭如何评定仲裁费用做一个简单的介绍。...more

Dorsey & Whitney LLP

International Arbitration of Chinese Companies (Series VI): Is Third Party Funding Feasible? - Chinese Version

Dorsey & Whitney LLP on

我们在系列三(中国企业的国际仲裁(系列三):在香港仲裁 ,费用真的很高吗?)文章中提到香港商事仲裁费用偏高的问题,同时也提到第三方资助可能是企业可以考虑的解决方法之一。试想这样一个情况:企业在经历了新冠肺炎之后,竭尽全力组织恢复生产、经营。...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series VI): Is third-party funding feasible?

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As mentioned in our previous article, the costs of commercial arbitration in Hong Kong are pretty high. Third-party funding, however, could be one of the possible solutions for companies to consider....more

Kilpatrick

6 Key Takeaways - Doing Business in China: Six Thoughts on Proposed Changes to China's Arbitration Law

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On 30 July 2021, China’s Ministry of Justice published a public comment draft of proposed revisions to China’s national Arbitration Law. Kilpatrick Townsend international disputes partner Thomas G. Allen offers the following...more

Carlton Fields

Chinese Arbitration Award Confirmed Despite US Company’s Claim of Unfair Treatment Stemming From US-China Trade War

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The Northern District of New York confirmed this month an arbitration award made in June 2018 by the China International Economic and Trade Arbitration Commission (CIETAC) in favor of two Chinese companies and against a U.S....more

Jones Day

Five Years of Interim Chinese Court Measures Benefit Hong Kong-Seated Arbitrations

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On 9 February 2021, the HKIAC reported in the HKIAC Releases Statistics for 2020 that since the Interim Measures Arrangement entered into force on 1 October 2019, the HKIAC has processed 37 applications for interim measures...more

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