China

China, Enforcement, Enforcement of an award that was set aside, Hong Kong, Macau, Set aside an arbitral award, Stay of Proceedings, Taiwan

(Arnold & Porter) and / /Leave a comment

Introduction In international arbitration, winning an award is not the end of the story.  Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s) where the opponent’s assets are situated.  Unfortunately for the winning party, the losing party may delay or even avoid enforcement by raising challenges and instigating proceedings…

Arbitral seat, Asia-Pacific, Belt Road Initiative, China, Hong Kong, ICC

(Queen's University Faculty of Law)/ /2 Comments

After facing one of the largest protests in the city’s history on June 9, and then repeated protest and clashes with police last Wednesday, the Hong Kong government suspended efforts to pass its extradition bill. The bill would have required the city’s judges to extradite criminal suspects to Mainland China with minimal safeguards and facilitated…

Challenge of Arbitral Award, China, Enforcement, Jurisdiction, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, KCAB

(Kim & Chang)/ /Leave a comment

Introduction In March 2019 China’s Tianjin 1st Intermediate Court (“Tianjin Court”) rendered a decision dated 4 March 2019 (2018 Jin-01-Xie-Wai-Ren No. 1), granting an application for recognition and enforcement of a foreign arbitral award rendered by a sole arbitrator under the rules of the Korean Commercial Arbitration Board (“KCAB”). The decision reflects an increasing trend of…

China, CIETAC, CIETAC Investment Arbitration Rules, Hong Kong

(CIETAC Hong Kong Arbitration Center)/ /Leave a comment
CIETAC Hong Kong Arbitration Center

On 18 February 2019, the Outline Development Plan for the Guangdong – Hong Kong – Macao Greater Bay Area (the “Outline”) was published. Seen to rival the city clusters formed around San Francisco, New York and Tokyo, the development of the Greater Bay Area is a collaborative initiative to transform the Pearl Delta Region of…

Arbitral seat, Asia-Pacific, China, Hong Kong, Interim measures, interim relief, Singapore, South Korea

(Kim & Chang) and / /1 Comment

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…

Arbitration Agreement, China, kompetenz-kompetenz, PRC

(Arnold & Porter) and / /Leave a comment

Introduction Parties to international commercial transactions not infrequently find themselves in disputes over whether a valid arbitration agreement exists between them or whether a court or an arbitral tribunal has the jurisdiction to hear this issue. These situations are especially perplexing because – despite the general international acceptance of the “kompetenz-kompetenz” doctrine – national laws…

China, HKIAC, Interim measures

, , , , (Fangda Partners)/ /Leave a comment

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”).1) Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the…

BAC, China, CIETAC, CIETAC Investment Arbitration Rules, ICSID Arbitration, ICSID Convention, Investment Arbitration, SIAC Investment Arbitration Rules, UNCITRAL Arbitration Rules, UNCITRAL Transparency Rules

(Erasmus University Rotterdam)/ /Leave a comment

Overview On 11 February 2019, Beijing Arbitration Commission/Beijing International Arbitration Center (‘BAC/BIAC’) launched its draft of ‘Beijing Arbitration Commission/Beijing International Arbitration Center International Investment Arbitration Rules’ (the ‘BAC Rules’) for public comments, comprised of its main text and six appendixes. The BAC Rules are the second investment arbitration rules promulgated by a Chinese international arbitration…

China, Guangzhou Arbitration Commission, Online Arbitration, Online Dispute Resolution, PRC

(Guangzhou Arbitrator Alliance)/ /1 Comment

In recent years, the combination of arbitration and technology has raised great concerns among international arbitration community. Much discussion has centred on online arbitration and use of artificial intelligence in arbitration. In China, the rapid growth of electronic business (including but not limited to internet consumer applications and mobile financial services) has posed challenges to…

2018 In Review, Astana International Financial Centre, Central Asia, China, Commercial Courts, Enforcement, HK Arbitration Week, HKIAC, HKIAC Rules, Mediation, Singapore, Singapore Mediation Convention, Third party funding

(Simmons & Simmons)/ /Leave a comment

As the end of the Year of the Dog approaches, we look back at five noteworthy developments in the arbitration world in PR China, Hong Kong and Central Asia and their coverage on our Blog. 1. New HKIAC Arbitration Rules and the Prominence of Hong Kong as an Arbitral Seat Hong Kong International Arbitration Centre…

Belt Road Initiative, BIT, China, Investment agreements, Investment Arbitration, Investment Treaties, Investor-State arbitration, ISDS, ISDS Reform

(Southwest University of Political Science and Law, Chongqing, China)/ /Leave a comment

In 2013, China proposed to jointly build the “Belt and Road” Initiative. While the international investment agreements (“IIAs”) proposed to be concluded with China and its counterparties along the “Belt and Road” will provide a robust source of potential investor protections, they must be easily understood among investors, states, and international tribunals. IIAs, as the…

Arbitrability, Arbitration Awards, China, ICDR, Recognition and enforcement of arbitral award, Tax

(Xiamen Intermediate People's Court of People's Republic of China)/ /Leave a comment

On 12 June 2018, the Xiamen Intermediate People’s Court of PRC (“Court”), in Subway International B.V. v Xiamen Woguan Enterprise Management Co., Ltd, upheld an ICDR award made by sole arbitrator Charles J. Moxley Jr., Esq.1)The author would like to thank Judge Chen Yanzhong of Xiamen Maritime Court for his comments on the earlier drafts of…

Belt Road Initiative, China, Hague Choice of Court Convention, ICC, Latin America, Mexico, Peru

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /1 Comment

Introduction In October 1865, Sir Robert Hart, a former British diplomat and by then an official in the Qing Chinese Government, wrote to Empress Dowager Cixi expressing his opinion that China should desperately seek progress through investments in mining, the telegraph, the telephone and especially in railways. The reaction of Empress Cixi’s closest advisors was…

Arbitration, Arbitration Proceedings, China, Evidence, Witness

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

Witness evidence is an integral part of international arbitration, but challenges can arise from the interaction of different legal cultures, norms and languages.  Although issues can arise with any testimony given through an interpreter, Mandarin-speakers are more challenged, and challenging, because of 1) the stark differences between Mandarin and English (the lingua franca of IA);…

Arbitration, China, Courts, DIFC, International Courts, Singapore International Commercial Court

(Anli Partners)/ /Leave a comment

In June 2018, China launched its first and second International Commercial Courts (the “CICC”). The advent of them represents a prolonged attempt of China to upgrade its judicial system by transplanting the advanced international practices to, according to the Supreme Court of China (the “SPC”), “provide services and protection for the “Belt-and-Road” construction (the “BAR”)”….

China, CIETAC, Courts, Enforcement, Interim measures

(CIETAC (HK)) and / /Leave a comment

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…

China, Emergency Arbitrator

(Zhong Lun Law Firm)/ /1 Comment

Last year, I was appointed by Beijing Arbitration Commission (“BAC”) as the emergency arbitrator in an emergency arbitrator proceeding (“EA proceeding”), the first EA proceeding ever requested by the claimant in mainland China. Since the entire arbitration procedure has recently been concluded, I am delighted to share some of my thoughts on how to conduct…

Awards, China, Courts, HKIAC, Interim measures, Uncategorized

(Fangda Partners)/ /Leave a comment
HK45

Under the current Chinese legal framework, while PRC Courts are granted exclusive power to grant interim relief measures in support of arbitration 1) Chinese courts are granted the exclusive power to grant interim relief measures pursuant to the following provisions under PRC law: Article 28 of the PRC Arbitration Law (hereinafter “Arbitration Law”) provides that:…

Arbitration, China, Courts

(Zhong Lun Law Firm)/ /Leave a comment

On 29 June 2018, the Supreme People’s Court of China (the “SPC”) launched its First International Commercial Court in Shenzhen, Guangdong, and Second International Commercial Court in Xi’an, Shaanxi (the “Courts”). Correspondingly, the Regulations of the Supreme People’s Court on Certain Issues Concerning the Establishment of International Commercial Courts (the “Regulation”) has just taken effect…

Arbitration, Belt Road Initiative, China, ICC, ICC Arbitration, ICC Rules

(ICC) and , (Herbert Smith Freehills)/ /Leave a comment

On 5 March 2018, the ICC Court announced the establishment of a commission to address dispute resolution in relation to China’s Belt and Road Initiative. The commission will drive the development of ICC’s existing dispute resolution procedures and infrastructure to support Belt and Road disputes. The Belt and Road The Belt and Road is China’s…

Arbitration Institutions and Rules, Belt Road Initiative, China, Europe, International arbitration, Investment Arbitration

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The Belt-and-Road Initiative (“BRI“) is a grand vision about connectivity, infrastructure, trade and unimpeded foreign direct investment (“FDI“) flows. It is a path to China’s largest export market  – the European Union – which does not only propose to ‘transit’ Eurasia (and coastal East Africa), but to radically transform it. And, thus, mere construction and…

China, Foreign arbitral awards, Recognition and enforcement of arbitral award

(JunHe LLP) and (Altenburger)/ /Leave a comment

The Prior Reporting System, established in August 1995 (see SPC Notice on Prior Reporting System (1995)), has been the most notable intervention of the Supreme People’s Court (“SPC”) in the area of arbitration since the PRC Arbitration Law (1994) was enacted. During the China Arbitration Summit held in Beijing on 20 September 2017, Justice Xuefeng…

Arbitral Award, China, Recognition and enforcement of arbitral award

(Zhong Lun Law Firm)/ /Leave a comment

When applicants seek recognition and enforcement (“R&E”) of foreign arbitral awards in PRC courts, a challenge often raised by respondents is the non-existence of the main contract between the parties, where the arbitration agreement is contained. Respondents contend that the contracts provided by the applicants as the basis for arbitration are not authentic or duly…

Ad hoc arbitration, Arbitration, Arbitration Act, Arbitrators, China, CIETAC

(Zhong Lun Law Firm)/ /1 Comment

On 30 December 2016, the Supreme People’s Court of China (“SPC”) released Opinion on Providing Judicial Protection for the Development of the Pilot Free-Trade Zones (“Opinion”), which was regarded as allowing ad hoc arbitration in China. On 23 March 2017, the Management Committee of Hengqin New Zone and Zhuhai Arbitration Commission (“ZAC”) jointly published the…