In an era increasingly defined by unilateral economic sanctions, international arbitration faces a new set of challenges. Sanctions are not only imposed on the parties but can also implicate arbitrators, as seen in Macquarie Bank Ltd v China Wanda Group Co., Ltd, (2021) Hu 74 Xie Wai Ren No.1, which concerns the enforcement of a…
On November 8, 2024, the Standing Committee of the 14th National People’s Congress released for public comment the draft amendment to the PRC Arbitration Law (“2024 Draft”) after its first review during the Twelfth Session meeting. The 2024 Draft version generated immediate and widespread concerns and criticism. In stark contrast to the draft amendment released…
On October 1st, over 40 attendees—including senior lawyers, arbitrators, and law students—gathered at Debevoise & Plimpton’s New York offices for a groundbreaking ITA Americas Initiative event titled “Dialogues on Latin American Arbitration: Mining Disputes, China’s Growing Influence, and Recurring Damages Issues.” Organized with the support of the Asociación Latinoamericana de Arbitraje (ALARB), this forum marked…
On the third day of Hong Kong Arbitration Week, the ADR in Asia Conference took place, featuring a morning panel on China’s Inbound and Outbound Investment: Impact on Disputes. Panelists provided regional insights into the evolving landscape of international investment disputes. The panelists shared their regional perspectives on the evolving landscape of international investment. Meg…
This February, Ms. Joanne Lau assumed the position of the Hong Kong International Arbitration Centre (“HKIAC”) Secretary-General, succeeding Dr. Mariel Dimsey. Prior to this, Joanne spent more than a decade practicing at an international law firm, building and managing a successful international arbitration practice as part of its leadership team. Joanne brings to HKIAC a…
During the California International Arbitration Week, held in San Francisco, California, on March 11-14, 2024 (full schedule), the Shenzhen Court of International Arbitration (SCIA) presented a panel on U.S.-China commercial dispute resolution. The panelists included Dr. Liu Xiaochun (President, SCIA), Guoyong Huang (Director of the International Cooperation and Development Department, SCIA), Peter Neumann (Arbitrator; Adjunct…
On 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European Arbitration Centre (ASEAC), to discuss whether we are currently experiencing “A New Dawn of Arbitration in Asia”. Professor Sundra Rajoo, Director of the Asian International Arbitration Centre,…
In January 2023, the Hong Kong Court of First Instance in Grand Ocean & Williams Co Limited v. Huaxicun Offshore Engineering Co Ltd (江苏华西村海洋工程服务有限公司) [2023] HKCFI 86 (“Grand Ocean”) held that an arbitration clause, governed by the laws of the People’s Republic of China (“PRC”), was void and incapable of being performed on the basis…
On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC arbitrations commenced on or after this date. Compared with the 2015 Rules, the 2024 Rules have expanded from 84 provisions to 88 provisions and incorporated…
Introduction On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version here). It will enter into force on January 1, 2024, together with the amended Chinese Civil Procedure Law 2023 (“CPL 2023”, English translation here). The new legislation not…
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues…
In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are widely considered to establish a unique case guidance system in China, under which courts at all levels should refer to the selected guiding cases when…
This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and enforcement rates, the geographical distribution of applicants, the amount claimed, the time taken for rulings, respondents’ participation, and the sources of arbitral awards. It…
This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the results show that, (1) on average, the courts of the People’s Republic of China (“PRC”) handled more than 20 applications per year and rendered rulings…
Columbia Arbitration Day (CAD), held on April 14, 2023, enjoyed record attendance levels this year and was held in the historic Low Memorial Library, a fitting venue for the first in-person CAD since before the COVID-19 pandemic. The Judiciary in International Arbitration Proceedings The morning began with a panel moderated by Professor Alejandro Garro…
In recent decades, third-party funding in arbitration and litigation has grown exponentially in many jurisdictions and has become a matter of continuing debate in academia and practice. (See, for example, here and here for previous blog posts.) Currently, People’s Republic of China (“PRC” or “China”) legislation does not prohibit third-party funding, but it fails to…
The Republic of China, also known as “Taiwan,” is among the world’s leading economies. In 2021, Taiwan had a gross domestic product of US$ 670 billion, predicted to increase by 6.45% in 2022; by 2026, Taiwan is projected to be the world’s twentieth largest economy. Taiwan was the United States’ eleventh largest trading partner in…
Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key practical and strategic considerations when acting for and against parties in financial distress. Guided through a hypothetical case study involving jurisdictions such as Hong Kong,…
On the first day of Hong Kong Arbitration Week 2022, Morrison & Foerster hosted a hybrid panel on “Implications of PRC’s Evolving Data Protection Laws on Disclosure and Participation of PRC Parties in International Arbitration.” The panel introduced the latest developments in the data protection legal regime of the People’s Republic of China (“PRC”) and…
This August, Dr. Mariel Dimsey assumed the position of HKIAC Secretary-General, succeeding Ms. Sarah Grimmer, who served in the position for six years. Mariel brings with her extensive, 15-years’ experience as counsel and arbitrator in international arbitration, spanning various jurisdictions and legal traditions. Mariel takes the helm during an exciting period at HKIAC and for…
At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day. Mr Justin D’Agostino (Global CEO, Herbert Smith Freehills, Hong Kong) moderated the first panel discussion in a quick fire manner on recent arbitration developments in the Asia-Pacific region with leading practitioners…
On 25 February 2022, the Supreme People’s Court (“SPC”) and the Secretary for Administration and Justice of the Macau Special Administrative Region (“Macau”) signed an Agreement for mutual assistance regarding interim measures issued in arbitration proceedings in Mainland China and Macau (“Agreement”), which entered into force on 25 March 2022. The Agreement permits parties to…
London International Disputes Week 2022 (LIDW) 2022 kicked off yesterday with outstanding sessions and panellists in a hybrid format all around the city, centred around this year’s theme: Dispute Resolution: Global, Sustainable, Ethical?. Each year, the LIDW concentrates on several hot topics and controversial issues in international dispute resolution from all over the world. Yesterday’s…
Ever since the Chinese government officially adopted it in 2013, the Belt and Road Initiative (BRI) has evolved restlessly. Yet, ten years later, its exact delineations are still somewhat blurry: the global infrastructure project encapsulates all at once a vision, a strategy and a policy. One certainty, however, remains constant. The BRI is and will…
