Enforcement of Awards Between Hong Kong and Mainland China
香港与中国之间执行仲裁裁决
Tanner De Witt, one of Arbitrium’s sponsors, outlines the operation of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR.
China Arbitration
“Arbitration In Shanghai” Means Shanghai is Seat – Singapore CA Overturns HC
上海举行仲裁
The Singapore Court of Appeal overturns the High Court, finding that the phrase “arbitration in Shanghai” means that Shanghai was clearly intended as the seat of arbitration.
International Arbitration Newsletter No.6
We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe. Many of these subscribers have also joined the Arbitrium group on LinkedIn. Thank you to all our readers, our contributors and our sponsors for their support.
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New Arbitration Law for Macau
新澳门仲裁法
The new Macau arbitration law has been gazetted and will come into force in early May 2020. A local law firm provides an overview of the new legislation.
Mainland Court Recognises Principle of Severability
中国法院承认可分割性原则
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.
Arrangement Concerning Interim Measures Between HK and China Effective And Used
关于香港与中国之间临时措施的有效安排
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.
Australia / Cayman Islands / China Arbitration / England / Hong Kong / India / Newsletter / Singapore / USA
International Arbitration Newsletter No.4
国际仲裁通讯第4号
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.
China Arbitration / England / Guide to International Arbitration / Hong Kong / Singapore / Third Party Funding
Third Party Funding Of Belt & Road Disputes
第三方争议资金
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.
International Arbitration Newsletter No.3
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 China Arbitration / England / Europe / Hong Kong / India / Malaysia / Newsletter / Singapore / UAE / USA
International Arbitration Newsletter No.2
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 International Arbitration Newsletter No. 1
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.
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Belt and Road / China Arbitration / Construction / Expert Evidence / Interim Relief / Investment Arbitration / Multiple Contracts / Shipbuilding
Norton Rose Fulbright International Arbitration Report (Issue No.12 – May 2019)
Norton Rose Fulbright’s May 2019 IA Report focusses on arbitration in the construction industry. The …
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Interim Relief Protection In China For Hong Kong Arbitrations
The April 2019 agreement between the Hong Kong Government and China’s Supreme People’s Court will …
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Interim Relief In Support of Hong Kong-Seated Arbitrations From Mainland Courts
As noted in the updates from Linklaters and Baker McKenzie the April 2019 Arrangement concerning …
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Interim Relief From Mainland Chinese Court Will Become Available For Hong Kong Arbitrations
In a significant legal development, on 2 April 2019, the Hong Kong Government and the …
Continue Reading Chinese Court Takes Pro-Arbitration Approach To Validity Of International Arbitration Agreement
Latham & Watkins provide a brief review of Chinalight International Trade Co. Ltd v Tata …
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First Emergency Arbitrator Proceedings In China And Enforcement In Hong Kong
Baker McKenzie note that in August 2018, the Beijing Arbitration Commission closed its first arbitration …
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KWM Issue Think Tank Report: Law And Practice Under The Belt & Road Initiative II
King & Wood Mallesons provide this comprehensive analysis of China’s Belt & Road Initiative. … …
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The Rise Of Chinese Investors And The Likely Impact To International Arbitration
King & Wood Mallesons review the impact of Chinese investors in dispute resolution proceedings, particularly …
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Newly Published Judicial Interpretations On Chinese Arbitration
Hogan Lovells review the 29 December 2017 judicial interpretations published by the Supreme People’s Court …
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Facilitating The Belt And Road: CIETAC Launches Investment Arbitration Rules
Herbert Smith Freehills review the International Investment Arbitration Rules of the China International Economic and …
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CIETAC Investment Arbitration Rules Seek To Fill A Gap In Chinese Investment Treaty Disputes
King & Wood Mallesons review the China International Economic and Trade Arbitration Commission (CIETAC) rules …
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6 Key Considerations In China-Related Arbitrations
Latham & Watkins outline some key consideration to keep in mind when considering Chinese-related arbitrations, …
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China Proposes Dedicated Belt and Road Court
Herbert Smith Freehills review the publication by the Supreme People’s Court Monitor of a highly …
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PRC Court Refuses Enforcement Of SIAC Award Made Under Expedited Procedure
Herbert Smith Freehills review a decision of the Shanghai No.1 Intermediate Court (not released to …
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PRC Court Enforces HKIAC Award In Favour Of Australian Gold Mining Company
Herbert Smith Freehills review the July 2017 decision from the Beijing No. 4 Intermediate People’s …
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Arbitration and Winding Up / China Arbitration / Hong Kong / Interim Relief / Parallel Court and Arbitration Proceedings
Hong Kong Court Grants Receivership Order In Aid Of PRC-Seated CIETAC Arbitration
Baker McKenzie review the Hong Kong High Court’s 27 June 2017 decision in Chen Hong …
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Hong Kong Court Dismisses Claim Of Crown Immunity By Chinese State-Owned Enterprise
Baker McKenzie review the 2015 decision from the Hong Kong High Court in TNB Fuel …
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Hong Kong Court Rejects Claim Of Crown Immunity
Herbert Smith Freehills review the important decision from the Hong Kong High Court in TNB …
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Enforcement Of Foreign Awards in the PRC: Expectations And Reality
King & Wood Mallesons review the arbitration enforcement landscape in China, dealing with issues such …
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ICSID Issues First Award Involving China, Finding In Host State’s Favour
Herbert Smith Freehills review an award dated 9 March 2017, where the Tribunal in an …
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First CIETAC HK Award Enforced In China
Herbert Smith Freehills review the December 2016 decision in Ennead Architects International LLP v. Fuli …
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Belt And Road Disputes – Choosing Hong Kong As The Seat Of Arbitration
King & Wood Mallesons review China’s Belt and Road initiative pointing out important matters for …
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Failure To Specify Arbitral Seat May Result In Unenforceable Award
Baker McKenzie review the Taizhou Court Case from the PRC, where the Taizhou Intermediate People’s …
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Enforcing Foreign Awards In China – Review Of The Past Twenty Years
King & Wood Mallesons provide a thorough review of PRC court decision to determine the …
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