There is still a common misconception among foreign arbitration practitioners that in post-soviet countries the courts often tend to refuse recognition and enforcement of arbitral awards based on public policy. Is this characterisation fair with respect to Ukraine? There have been five recent cases in Ukraine on violation of public policy, with some landmark decisions…

In spite of unfamiliar challenges that emerged in 2020, arbitration progress in East and Central Asia has persisted. In this post, our East and Central Asian editorial team recapitulates major arbitration trends and developments of the region featured in the past year from the perspectives of national and interstate policies, judicial and legislative changes, as…

It is important for parties to arbitration agreements to understand to what extent they might be able to obtain effective interim relief from the courts. While parties may provide in their arbitration agreement, whether through express drafting or (more often) by incorporation of institutional rules, that the parties shall be permitted to seek interim relief…

12th August 2020 marks the 21st anniversary of the Indonesia’s Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution (“Arbitration Law”). Culture wise, many countries, especially Indonesia, venerate 21 years of age as the start of adulthood, which leads to change. There have been calls on the amendment of the Arbitration Law. The general…

On 1 October 2019, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland of the Hong Kong Special Administrative Region (the “Arrangement”) came into force. It was previously reported on the blog here and here. On 8 October 2019, the first interim measure under…

Dr. Li Hu is Deputy Secretary-General of China International Economic and Trade Arbitration Commission (“CIETAC”), Vice Chairman of China Maritime Arbitration Commission, and also Board Member of the Arbitration Institute of Stockholm Chamber of Commerce. He has authored several publications on dispute resolution in China and has served as arbitrator in over 120 domestic and…

Recent legislative developments have shown that Georgia strives to become a hub for dispute resolution in the Caucasus region. The legislative framework on commercial arbitration is now fully tailored to the needs of international commercial arbitration: the law of Georgia on arbitration (the “Law on Arbitration”) is based on the UNCITRAL Model Law on International…

Since my last article on this Blog on problems concerning ad hoc arbitration in Armenia, new legislative developments have offered an almost complete solution to the issues previously discussed. At the same time, such legislative developments in Armenia have given rise to new unresolved questions which will be explored in this article.   First Issue:…

Goethe’s famous journey along the Italian peninsula left humanity a collection of verses that still make him the most notorious German author worldwide. Amongst others, he expressed his fascination for the country in these few lines: “Do you know the land where lemon blossom grows? / Amid dark leaves the golden orange glows. /A gentle…

The dilatory tactics of some claimant parties in conducting arbitration proceedings can often be frustrating and can result in unnecessary costs and expenses. In the judgment of Jaks Island Circle Sdn Bhd (“Jaks Island”) v. Star Media Group Bhd (“Star Media”) and AmBank (M) Berhad (“AmBank”) [Originating Summons No.: WA-24C(ARB)-11-02/2018] issued in 2019, the Malaysian…

Gong Xi Fa Cai! The Year of the Earth Pig has drawn to a close. In what was certainly an auspicious and lucky year for arbitration developments in East and Central Asia, we take a closer look at five key developments:   1. Initiatives in PR China to boost arbitration In southern coastal China, the…

On 1 March 2019 the Milan Chamber of Arbitration issued its amended Arbitration Rules (the “2019 Rules’”) with the aim of improving “the efficiency and the rapidity of arbitral proceedings [while] ensuring the necessary guarantees.”  This objective follows the current international trend.  Indeed, in the last decade, several arbitral institutions have revised their rules in…

The Macau Special Administrative Region of the People’s Republic of China (“Macau”) has seen a dramatic decrease of foreign direct investment in the last few years. According to data from the Macau Statistics and Census Service, foreign direct investment dropped 79.9% in 2017 compared to 2016. In order to attract more investment, Macau needs to…

As the number of investor-state disputes grows, so does the number of applications for provisional measures. The recent empirical study conducted by the British Institute of International and Comparative Law and White&Case suggests that investors were more than twice as likely to obtain positive decisions on their requests than respondent states. The study also showed that…

On 1 October 2019, Mainland Chinese and Hong Kong bodies brought into force a reciprocal arrangement with significant implications for Hong Kong as a seat of arbitration. The arrangement allows the courts of each jurisdiction to award interim measures in support of arbitrations seated in the other territory. Parties to Hong Kong-seated arbitrations have been…

Introduction On April 2, 2019, the Supreme People’s Court (“SPC”) and the Department of Justice (“DOJ”) of the Hong Kong Special Administrative Region (“HKSAR”) signed 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 Special Administrative Region (“Arrangement”). This…

In Part I of this post I discussed how the Arrangement excluded ad-hoc arbitration and how it raised certain issues on jurisdiction of the courts. In Part 2, I discuss other aspects of the Arrangement.   Interaction between Arrangement and CICC The interaction between the Arrangement and the China International Commercial Court (“CICC”) is also…

In April 2019, an Argentinean court ordered a company not to initiate an investment arbitration before ICSID based on the bilateral investment treaty between the Argentine Republic and the Republic of Chile (“BIT”).  The Federal Court in Civil and Commercial Matters No. 5 (the “Court”) ordered the interim measure in a case between the Argentinean…

Introduction On 2 April 2019, the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region announced the signature of 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 Special Administrative Region” (“Arrangement”). This announcement as…

In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”). As China has no equivalent measures in place with any other non-Mainland jurisdictions, the Arrangement…

In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act).   The New Act The New Act incorporates the provisions of the UNCITRAL Model Law and further aligns the country’s national law with the New York Convention….

Arbitration in the UAE is governed by the Federal Arbitration Law No. 6 of 2018 (“UAE Arbitration Law”). The UAE Arbitration Law, which entered into force in June 2018, repealed Articles 203 to 218 of the UAE Civil Procedures Law No. 11 of 1992 (“CPC”), which previously governed arbitration in the UAE. Unlike the former…

The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the Vancouver Economic Commission, the inauguration ceremony was graced by the presence of the Honourable Bruce Ralston, Minister of Jobs, Trade and Technology of the Government of…

On 15 December 2017, the renewed Supreme Court was launched in Ukraine, which triggered the entry into force of the new amendments of, inter alia, Civil and Commercial Procedure Codes. Within this broader judicial reform, a number of long-awaited changes in legal framework for international commercial arbitration have been brought forward, including the following: reducing…