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Arbitration China Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
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

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

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

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

White & Case LLP

Beijing Court Upholds Arbitration Clause Designating Non-Existent Arbitral Institution

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Case – Sichuan Daiyalan Trading v Hong Kong New Wish Electronics - In Sichuan Daiyalan Trading v Hong Kong New Wish Electronics (Fourth Intermediate People's Court of Beijing, 19 March 2021), the Court upheld an...more

Dorsey & Whitney LLP

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

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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 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

BCLP

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

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Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

Latham & Watkins LLP

Chinese Court Decision Reinforces Need for Clear and Precise Drafting of China-Related Arbitration Agreements

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Shijiazhuang Intermediate People’s Court declares arbitration agreement providing for ICC Rules arbitration seated in China invalid. In a dispute between Hebei Zhongxing Automobile Manufacturing Co., Ltd. (HZAM), a Chinese...more

Hogan Lovells

Choosing a foreign arbitration institution in China – is the China arbitration market finally opening up?

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Arbitration has become an important part of commercial dispute resolution in China. For international investors, arbitration has considerable advantages due to its neutrality, enforcement, confidentiality, flexibility, and...more

BCLP

First CICC rulings recognise severability of arbitration agreements

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On 18 September 2019, the China International Commercial Court (“CICC”) of the Supreme People’s Court of China published its first three rulings regarding the validity of arbitration agreements. The arbitration agreements in...more

Robins Kaplan LLP

Financial Daily Dose 1.28.2020 | Top Story: Markets Tumble as Fears Spread Over Coronavirus Epidemic

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A mounting death toll (over 106 and counting) and fears of a coronavirus pandemic sent markets tumbling early on Monday and kicked off a selloff that continued all day....more

Hogan Lovells

Mark your calendar: The interim measures arrangement between Mainland China and Hong Kong comes into effect on 1 October 2019

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According to an announcement made on the People's Court Daily, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong...more

Dorsey & Whitney LLP

Mainland - Hong Kong Interim Relief in Support of Arbitration

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Hong Kong has long occupied a favored position as a site of arbitration of contractual claims or disputes between Mainland Chinese and foreign parties, at least where the parties have not been able to agree on arbitration in...more

A&O Shearman

Groundbreaking Arrangement Allowing Interim measures in Mainland China for Hong Kong Arbitrations

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On 2 April 2019, the HKSAR Government and the Supreme People’s Court of the People’s Republic of China signed the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by...more

Hogan Lovells

A game changer: Hong Kong and China agree milestone arrangement for interim measures in arbitration

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Hong Kong becomes the first and only jurisdiction outside the Mainland where the Mainland courts can grant interim measures in aid of a foreign arbitration if administered by an institution....more

Latham & Watkins LLP

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

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Parties must draft arbitration agreements with Chinese parties clearly and precisely to ensure validity and avoid unwanted litigation. A Beijing court recently adopted a pro-arbitration approach in upholding the validity...more

K&L Gates LLP

Arbitration World

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Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Proskauer - Minding Your Business

Pivot to Arbitration: China Embraces Arbitration to Promote Investment

In the past several months, China has adopted new arbitration rules and unveiled a new arbitration center to help resolve the inevitable international disputes arising from the development of The Silk Road Economic Belt and...more

Latham & Watkins LLP

6 Key Considerations in China-related Arbitrations

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Differences in enforcement and arbitral rules could cause difficulties for unwary parties engaged in or considering arbitration in mainland China. China’s economic growth has attracted significant foreign investment in...more

Morrison & Foerster LLP

Guangdong DOJ Wades Into the Fray by Demanding That CIETAC Cease “Illegal Arbitration Activities” in Guangdong

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On July 15, 2015, the PRC Supreme People’s Court (SPC) issued an interpretation clarifying various jurisdictional issues arising from the mid-2012 decision of the former South China and Shanghai Sub-Commissions of the China...more

Morgan Lewis

An Introductory Guide to Arbitration in Asia

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International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Morrison & Foerster LLP

SPC Issues Interpretation on Jurisdictional Issues Arising from CIETAC Split

In a welcome development, the PRC Supreme People’s Court (the “SPC”) issued on July 15, 2015 an interpretation addressing various jurisdictional issues arising from the decision in mid-2012 of the former CIETAC Shanghai and...more

Sherman & Howard L.L.C.

Chinese Arbitration Pact Enforced

Modern Space, located in Shanghai, China, extended to Plaintiff a written offer of employment setting out basic terms, including the requirement that the parties enter a separate, written employment contract (“Labor...more

JD Supra Perspectives

10 Popular Reads Covering Latest European Union Developments

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Recap of popular updates covering latest developments in the European Union....more

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