China

California International Arbitration Week, China, Shanghai International Arbitration Center

(Pepperdine Caruso School of Law)/ /Leave a comment

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…

Arbitration, Asia, China, Enforcement, Hong Kong, India, Japan, Singapore, Third party funding, UK, Vietnam

(European Chinese Arbitrators Association & Fieldfisher)/ /Leave a comment

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,…

Arbitration clause, Arbitration institution, China, Chinese Arbitration Law, Contract Interpretation, Hong Kong, Singapore

(New Zealand International Arbitration Centre (Te Pokapū Whakataunga Taiao o Aotearoa))/ /Leave a comment

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…

Arbitration institution, China, CIETAC

, (CIETAC) and (Zhong Lun Law Firm)/ /Leave a comment

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…

China, Enforcement, Investment Arbitration, Investor-State arbitration, Sovereign Immunity

, (Hui Zhong Law Firm)/ /3 Comments

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…

Ad hoc arbitration, China, Cryptocurrency, Expedited arbitration, Public Interest, Sport arbitration, Uncategorized

(Anjie Broad Law Firm (Xiamen Office)) and (China University of Political Science and Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

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…

Arbitration Agreement, China, Separability

(Anjie Broad Law Firm (Xiamen Office)) and (China University of Political Science and Law)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

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…

Arbitral Award, China, Enforcement, New York Convention

, , , (Zhong Lun Law Firm (Shanghai Office))/ /Leave a comment

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…

Arbitral Award, China, Enforcement, New York Convention

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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…

Belt Road Initiative, China, Conference, ESG, ICSID, Judicial intervention, UNCITRAL, United States

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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…

Arbitration, China, Litigation, Third party funding

(The University of Hong Kong)/ /Leave a comment

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…

China, New York Convention, Taiwan

, (Wilmer Cutler Pickering Hale and Dorr LLP)/ /7 Comments

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…

Bankruptcy, Bermuda, BVI, Cayman Islands, China, Claims Trading, Enforcement, HK Arbitration Week, Hong Kong, Insolvency, Singapore

(Allen & Overy) and (Allen & Overy LLP)/ /Leave a comment
HK45

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,…

China, Data Protection, GDPR, HK Arbitration Week

(Morrison & Foerster (Singapore) LLP) and (Morrison & Foerster LLP)/ /Leave a comment

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…

Case Management, China, Enforcement, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, International Commercial Courts, Interviews with Our Editors

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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…

Arbitration clause, China, Climate change, Corruption, Emergency Arbitrator, Hong Kong, Impecuniosity, India, Interim measures, Philippines, Transparency

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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…

China, Court Assistance, Institutional Arbitration, Interim measures, Macau, PRC

(PLMJ Law Firm)/ /Leave a comment

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…

China, Hong Kong, LIDW2022

(Queen Mary University of London)/ /Leave a comment

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…

ADR Clauses, Africa, Belt Road Initiative, China, Dispute boards, Mediation

(Swiss Chamber of Commercial Mediation)/ /Leave a comment

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…

AMLO, China, Hong Kong, ISDS, Mexico

, (King & Spalding)/ /Leave a comment

As he embarks on the second half of his term, Mexico’s President, Andres Manuel López Obrador (known as “AMLO”), continues to fight foreign investors in a myriad of sectors.  By now it is clear that his presidency will be marked by his stance against the private sector and previous administrations which, in his view, “pillaged…

Arbitration Act, Arbitration Agreements, Arbitration institution, Belt Road Initiative, China, judicial review

(Tsinghua University Faculty of Law, Institute for International Dispute Settlement)/ /Leave a comment

A key characteristic of an international commercial arbitration award is its binding nature, although parties may still consent to non-binding arbitration. A consent to non-binding arbitration is problematic when the applicable law explicitly prescribes arbitration to be binding. Mainland China is such a jurisdiction. Thus, the issue of the validity of a non-binding arbitration agreement…

China, EU Law, European Union, Investment, Investment agreements, Investment law, Investment protection, Investment Treaties

, , (Freshfields Bruckhaus Deringer LLP)/ /Leave a comment

The EU-China Comprehensive Agreement on Investment (CAI), agreed in principle in December 2020, was announced with great fanfare. Forged after seven years of negotiations between the world’s current largest trading block (the EU) and the country expected to have the world’s largest economy by the end of this decade (China), the CAI was set to…

China, Courts, HK Arbitration Week, Hong Kong, Interim measures, PRC

, (King & Wood Mallesons)/ /Leave a comment
HK45

Hong Kong Arbitration Week 2021 is upon us, with a number of exciting in-person, virtual and hybrid events.  On 27 October 2021, the ADR in Asia Conference was held, focussing on “Tomorrow’s Disputes Today”. After opening remarks by The Honourable Secretary for Justice Teresa Cheng GBM, GBS, SC, JP, and an update on developments at…

Arbitration Act, Case Management, China, HK Arbitration Week, HKIAC, Interim measures, Interviews with Our Editors, Third party funding, Tribunal Secretary

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Sarah has been HKIAC Secretary-General since September 2016. During her time at the helm, the HKIAC has, among other actions, released its 2018 Administered Arbitration Rules, overseen the changes arising from the 2019 arrangement between Mainland China and Hong Kong regarding interim measures for arbitration (“Interim Measures Arrangement”), became the first foreign arbitral institution to…