The Mainland Court has recognised the principle of severability of arbitration agreement and held that although the underlying contracts had not been formally signed, the parties had reached valid arbitration agreements.
The Arrangement concerning Mutual Assistance for interim measures, empowering Chinese courts to order interim measures in support of HK-seated arbitrations came into effect on 1 October and has already been used.
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.Continue Reading
This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.Continue Reading
An interesting array of legal developments this month including the Hong Kong court’s refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.Continue Reading
Norton Rose Fulbright’s May 2019 IA Report focusses on arbitration in the construction industry. The …Continue Reading
The April 2019 agreement between the Hong Kong Government and China’s Supreme People’s Court will …Continue Reading
As noted in the updates from Linklaters and Baker McKenzie the April 2019 Arrangement concerning …Continue Reading
In a significant legal development, on 2 April 2019, the Hong Kong Government and the …Continue Reading
Latham & Watkins provide a brief review of Chinalight International Trade Co. Ltd v Tata …Continue Reading
Baker McKenzie note that in August 2018, the Beijing Arbitration Commission closed its first arbitration …Continue Reading
King & Wood Mallesons provide this comprehensive analysis of China’s Belt & Road Initiative. … …Continue Reading
King & Wood Mallesons review the impact of Chinese investors in dispute resolution proceedings, particularly …Continue Reading
Hogan Lovells review the 29 December 2017 judicial interpretations published by the Supreme People’s Court …Continue Reading
Herbert Smith Freehills review the International Investment Arbitration Rules of the China International Economic and …Continue Reading
King & Wood Mallesons review the China International Economic and Trade Arbitration Commission (CIETAC) rules …Continue Reading
Latham & Watkins outline some key consideration to keep in mind when considering Chinese-related arbitrations, …Continue Reading
Herbert Smith Freehills review the publication by the Supreme People’s Court Monitor of a highly …Continue Reading
Herbert Smith Freehills review a decision of the Shanghai No.1 Intermediate Court (not released to …Continue Reading
Herbert Smith Freehills review the July 2017 decision from the Beijing No. 4 Intermediate People’s …Continue Reading
Baker McKenzie review the Hong Kong High Court’s 27 June 2017 decision in Chen Hong …Continue Reading
Baker McKenzie review the 2015 decision from the Hong Kong High Court in TNB Fuel …Continue Reading
Herbert Smith Freehills review the important decision from the Hong Kong High Court in TNB …Continue Reading
King & Wood Mallesons review the arbitration enforcement landscape in China, dealing with issues such …Continue Reading
Herbert Smith Freehills review an award dated 9 March 2017, where the Tribunal in an …Continue Reading
Herbert Smith Freehills review the December 2016 decision in Ennead Architects International LLP v. Fuli …Continue Reading
King & Wood Mallesons review China’s Belt and Road initiative pointing out important matters for …Continue Reading
Baker McKenzie review the Taizhou Court Case from the PRC, where the Taizhou Intermediate People’s …Continue Reading
King & Wood Mallesons provide a thorough review of PRC court decision to determine the …Continue Reading