Asia-Pacific

Actual expenditure, Ad hoc arbitration, Arbitral Tribunal, Arbitration, Arbitration Proceedings, Arbitrators, ASEAN, Asia, Asia-Pacific, Best practices, Bias, BIT, China, CIETAC, Code of Ethics, Commercial Arbitration, Confidentiality and Transparency, Conflicts of interest, Costs in arbitral proceedings, Disclosure, Ethics, Hong Kong, IBA Guidelines on Conflicts of Interest, ICSID Arbitration, Independence and Impartiality, International arbitration, Investment Arbitration, ISDS, PRC, Security for Costs, Third party funding

(Norton Rose Fulbright LLP) and (Fangda Partners)/ /Leave a comment
YIAG

Introduction On 23 May 2016, CIETAC’s Hong Kong Arbitration Center (CIETAC HKAC) issued for public consultation draft Guidelines for third party funding (the draft Guidelines). Third party funding (TPF) is a hot topic in Hong Kong. The draft Guidelines come in the wake of recent initiatives to clarify the law on TPF in the territory,…

Asia-Pacific, Commercial Arbitration, Domestic Courts, Enforcement, International arbitration, Investment Arbitration, Recognition and enforcement of arbitral award, Singapore, Singapore International Commercial Court

(Mayer Brown LLP)/ /Leave a comment

and Paul Tan, Rajah & Tann Singapore LLP Short answer: Yes for some actions, but not all. Here is why. The Singapore International Commercial Court (“SICC”) was launched in January 2015 and provides litigants with the benefits of court proceedings and international arbitration without the constraints and setbacks of either option. Thus far, murmurs of…

Ad hoc arbitration, ASEAN, Asia-Pacific, Thailand

(DLA Piper) and / /Leave a comment

Ad hoc arbitration, in which the proceedings are administered by the disputing parties, their counsel and the arbitral tribunal without the involvement of an arbitral institution, can perhaps seem a daunting prospect in any jurisdiction. Thailand has arbitral institutions on hand to provide their services — including the well-established Thai Arbitration Institute (“TAI“) and the…

Arbitral seat, Asia-Pacific, Cambodia, International arbitration, National Commercial Arbitration Centre of the Kingdom of Cambodia

(Fangda Partners)/ /1 Comment

The National Commercial Arbitration Centre of the Kingdom of Cambodia (“NCAC”) was conceived in 2006, when Cambodia’s Commercial Arbitration Law entered into force. The initiative to create the centre surfaced as a part of Cambodia’s attempt to attract foreign investment on the one hand and to offer a viable alternative to domestic litigation to local…

Arbitration, Asia-Pacific, Russia, Sanctions

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

and Brenda Horrigan and Rebecca Soquier, Herbert Smith Freehills LLP, Shanghai The sanctions arising out of the Ukrainian crisis have led commercial entities to consider their options for resolving current or potential disputes. In this post, we consider the impact of the sanctions against Russia on the future of dispute resolution for Russian entities and…

Asia-Pacific, BIT, India, Investment agreements, Investment Arbitration, ISDS

(Willkie Farr & Gallagher) and (Aarna Law)/ /Leave a comment

Introduction The Government of India recently released the Draft Indian Model BIT (“Draft BIT”) for public consultation. India has an extensive BIT network with over 72 BITs in force. In 2012, following the investment treaty award against India in White Industries award, the Government initiated a comprehensive effort to revise the Model Indian BIT (“Old…

Anti-arbitration, Arbitration Agreements, Asia-Pacific, BIT, Consent, Courts, ILC Articles on State Responsibility, India, International arbitration, Investment Arbitration, UNCITRAL, UNCITRAL Arbitration Rules

(Willkie Farr & Gallagher) and (Aarna Law)/ /Leave a comment

On 29 September 2014, the Calcutta High Court in Board of Trustees of the Port of Kolkata v. Louis Dreyfus Armaturs SAS & Ors delivered the first decision by an Indian Court on a case directly arising from an investment treaty arbitration. The case concerns an anti-arbitration injunction sought against Louis Dreyfus Armateurs SAS (“LDA”),…

Arbitration, Arbitration Institutions and Rules, ASEAN, Asia-Pacific, Expedited arbitration, International arbitration, Singapore International Arbitration Centre, Statistics

(Singapore International Arbitration Centre)/ /Leave a comment
YSIAC

SIAC ended speculation as to who would succeed Dr Michael Pryles as the next President of the SIAC Court of Arbitration by announcing, at the SIAC Annual Appreciation Event on Monday 2 March 2015, the appointment of Mr Gary Born of Wilmer Cutler Pickering Hale and Dorr LLP, with effect from 1 April 2015. At…

Asia-Pacific, BIT, Indonesia

(Faculty of Law, University of New South Wales) and (Omnia Chambers)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

The value of investor-state dispute settlement (ISDS) procedures has lately been questioned by a number of countries. The Australian Government’s 2011 Trade Policy Statement – stating that Australia would not agree to ISDS in its treaties – caused much debate and controversy. In part, Australia’s policy was motivated by the Philip Morris claim, instituted in…

Arbitral seat, Arbitration, Asia-Pacific, Australia, Domestic Courts

(Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

Authors: Geoff Hansen, Partner and Jennifer Galatas, Senior Associate1)The authors gratefully acknowledge the assistance of Nuwan Dias in preparing this article. 1. Introduction – APRAG and Beyond On 27 to 28 March 2014, international dispute experts converged on Melbourne, Australia to celebrate the 10th Anniversary of the Asia-Pacific Regional Arbitration Group (APRAG) Conference. APRAG is…

Arbitration, Asia-Pacific, China, CIETAC, Hong Kong

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

By Justin D’Agostino and Sean Izor In the past, arbitration laws and arbitral institutions in Asia have often been seen as less well developed when compared to their Western counterparts. However, just as Asia’s economies have grown at a rapid pace, catching up to (or surpassing) those of Europe and the United States, so has…

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, International arbitration, Legislation, National Arbitration Laws

(Linklaters)/ /Leave a comment

Hong Kong is one of the major hubs for international arbitration in Asia. Its position was strengthened when, in 2012, India added Hong Kong to the list of so-called “gazetted” states: only arbitral awards rendered in these states will be recognised and enforced in India under the New York Convention. The inclusion of Hong Kong…

Asia-Pacific, Investment agreements, Investment Arbitration, Trans-Pacific Partnership

(Peking University School of Transnational Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

Negotiations to establish a Trans-Pacific Partnership (TPP) agreement have been active and ambitious. Following 18 negotiating rounds since 2010, TPP talks now include 12 States, representing nearly 40 percent of global GDP. Scholars have observed that a TPP agreement, given its scale, could provide “staggering” economic benefits as well as a “genuine Asia-Pacific integration track.”…

ASEAN, Asia-Pacific, Enforcement, International arbitration, Investment protection, New York Convention

(Linklaters)/ /Leave a comment

By Jelita Pandjaitan and Steven Pettigrove of Linklaters, and Nicola Nygh of Allens Linklaters. On 15 July 2013, Myanmar formally acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).  The New York Convention obliges Myanmar’s Courts to give effect to contractual provisions which provide for…

Asia-Pacific, Investment protection, Trade, Trans-Pacific Partnership, United States

(University of Arizona James E. Rogers College of Law)/ /Leave a comment
Institute for Transnational Arbitration (ITA)

“America’s important security alliances across the Pacific need an economic underpinning.”  Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry of Japan in April 2013 into the three-year-old Trans-Pacific Partnership (TPP) negotiations later this year is a “game-changer.”  Prior to Japan’s commitment as the 12th TPP partner,…

Applicable Law, Arbitral seat, Arbitration clause, Asia-Pacific, Seat of the arbitration

(Notre Dame Law School)/ /Leave a comment

As reported yesterday, the recent tragedies in Bangladesh factories have resulted in a major breakthrough with the signing of the Accord on Fire and Building Safety in Bangladesh. Thus far, leading retailers such as H&M, Marks & Spencer, Tesco, Sainsbury’s, Benetton, and Calvin Klein are on board. Notably absent from the list are leading U.S….

Arbitration, Asia-Pacific, Commercial Arbitration, Domestic law, Hong Kong, Legislation, National Arbitration Laws, Pro arbitration

(Herbert Smith Freehills)/ /Leave a comment
Herbert Smith Freehills

by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to implement an arrangement for mutual enforcement of awards between Hong Kong and Macao, allow for enforcement of emergency arbitrator decisions in Hong Kong, and provide…

Arbitration, Asia-Pacific, UNCITRAL Model Law

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

and Matthew Lee* Introduction Last Wednesday, the international arbitration community in Australia won a significant victory. Indeed, in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5 (13 March 2013), S178/2012, the Australian High Court (“Court”) dismissed a challenge to the constitutionality of the International Arbitration…

Arbitration clause, Arbitration Institutions and Rules, Asia-Pacific, Enforcement of an arbitration clause, ICC Arbitration, Singapore International Arbitration Centre

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

In the case of HKL Group Co Ltd v Rizq International Holdings Pte Ltd the Singapore High Court (the “High Court”) has considered whether an arbitration clause in a contract which provided for disputes to be settled by arbitration in Singapore by a non-existent institution under the rules of the ICC was inoperable. The High…

Appeal, Arbitration Awards, Asia-Pacific, China, Costs, Hong Kong, Set aside an arbitral award, UNCITRAL Model Law

(Herbert Smith Freehills)/ /1 Comment
Herbert Smith Freehills

By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”) underlining once again the jurisdiction’s arbitration-friendly credentials and the reluctance of its courts to interfere with the arbitral process and arbitral…

Asia-Pacific, Foreign Investment Law, Investment, Investment Arbitration, Investment protection, Legislation

(Mishcon de Reya)/ /Leave a comment

On 2 November 2012, President Thein Sein approved, after several months of intense debate between Parliament and the Government, Myanmar’s new Foreign Investment Law (‘FIL’ or ‘the Law’).  The new Law revises the framework for foreign investment in Myanmar which had been in place since a military coup in 1988. Considering the country’s abundant natural…

Appointment of arbitrators, Arbitration Agreements, Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Hong Kong, ICC Arbitration, Joinder, Set aside an arbitral award, Singapore International Arbitration Centre

(Norton Rose LLP)/ /Leave a comment

by Kah Cheong Lye (Partner) and Chuan Tat Yeo (Associate), Norton Rose (Asia) LLP Like computer programs, the length of time between updates for institutional rules seems to get shorter and shorter. New editions of institutional arbitral rules were introduced by the SIAC in 2010, the ICC in 2012, and the HKIAC’s revised Administered Arbitration…

Arbitration, Arbitration Agreements, Asia-Pacific, Dispute resolution clause, Enforcement of an arbitration clause, LCIA Arbitration, Singapore International Arbitration Centre

(Norton Rose Fulbright)/ /Leave a comment
YSIAC

In International Research Corp PLC v Lufthansa Systems Asia Pacific Pte Ltd [2012] SGHC 226 (per Chan Seng Onn J) (“International Research”), the Singapore High Court addressed the issue of whether an arbitration clause contained in one contract between two parties binds a third party who subsequently enters into a supplemental agreement with the original…