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Are Non-binding Arbitration Agreements Enforceable Under PRC Law?
A key characteristic of an international commercial arbitration award is its binding nature, although parties may still consent to non-binding arbitration. A consent to non-binding arbitration is...
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Mexico’s New BIT with Hong Kong: AMLO’s Wink to Chinese Investments?
As he embarks on the second half of his term, Mexico’s President, Andres Manuel López Obrador (known as “AMLO”), continues to fight foreign investors in a myriad of sectors. By now it is clear that...
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Paris Arbitration Week Recap: Belt and Road Initiative – Recent Evolutions,...
Ever since the Chinese government officially adopted it in 2013, the Belt and Road Initiative (BRI) has evolved restlessly. Yet, ten years later, its exact delineations are still somewhat blurry: the...
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LIDW 2022: London as an International Disputes Hub for East Asia Disputes –...
London International Disputes Week 2022 (LIDW) 2022 kicked off yesterday with outstanding sessions and panellists in a hybrid format all around the city, centred around this year’s theme: Dispute...
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The 2022 Agreement between Mainland China and Macau: Judicial Interim...
On 25 February 2022, the Supreme People’s Court (“SPC”) and the Secretary for Administration and Justice of the Macau Special Administrative Region (“Macau”) signed an Agreement for mutual assistance...
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In Recap: ICC Asia-Pacific Conference on International Arbitration 2022 (Part I)
At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day. Mr Justin D’Agostino...
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Interviews with Our Editors: In Conversation with Dr. Mariel Dimsey,...
This August, Dr. Mariel Dimsey assumed the position of HKIAC Secretary-General, succeeding Ms. Sarah Grimmer, who served in the position for six years. Mariel brings with her extensive, 15-years’...
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Hong Kong Arbitration Week Recap: Implications of PRC’s Evolving Data...
On the first day of Hong Kong Arbitration Week 2022, Morrison & Foerster hosted a hybrid panel on “Implications of PRC’s Evolving Data Protection Laws on Disclosure and Participation of PRC Parties...
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Hong Kong Arbitration Week Recap: Examining the Creditor’s Toolkit in...
Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key...
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The New York Convention and Taiwan: It’s Time to Be Sensible
The Republic of China, also known as “Taiwan,” is among the world’s leading economies. In 2021, Taiwan had a gross domestic product of US$ 670 billion, predicted to increase by 6.45% in 2022; by 2026,...
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Third Party Funding in Litigation and Arbitration: A Dichotomy in China’s...
In recent decades, third-party funding in arbitration and litigation has grown exponentially in many jurisdictions and has become a matter of continuing debate in academia and practice. (See, for...
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Columbia Arbitration Day 2023: Arbitration Beyond the Box – New Innovations &...
Columbia Arbitration Day (CAD), held on April 14, 2023, enjoyed record attendance levels this year and was held in the historic Low Memorial Library, a fitting venue for the first in-person CAD since...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This two-part article provides an empirical analysis of hundreds of cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. In summary, the...
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Recognition and Enforcement of Foreign Arbitral Awards in China Between...
This post provides an analysis of 203 cases concerning the recognition and enforcement of foreign arbitral awards in Mainland China between 2012 and 2022. Part I presented statistics on recognition and...
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Guiding Cases 196 – 198 Issued by the PRC Supreme People’s Court – Further...
In 2010, the Supreme People’s Court of the People’s Republic of China (the “SPC”) issued the Provisions of the Supreme People’s Court on Case Guidance (the “Provisions”). The Provisions are widely...
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Guiding Cases 199-201 Issued by the PRC Supreme People’s Court—Further Steps...
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration...
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PRC Foreign State Immunity Law: A Gateway to Judicial Review of...
Introduction On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the People’s Republic of China (“PRC”) Foreign State Immunity Law (“CFSIL”, bilingual version...
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The CIETAC Arbitration Rules 2024 Comes Into Force
On 1 January 2024, the new version of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules (2024 Rules) came into force. The 2024 Rules apply to CIETAC...
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Contractual Interpretation in Hong Kong and Singapore: What Happens When...
In January 2023, the Hong Kong Court of First Instance in Grand Ocean & Williams Co Limited v. Huaxicun Offshore Engineering Co Ltd (江苏华西村海洋工程服务有限公司) [2023] HKCFI 86 (“Grand Ocean”) held that an...
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Europe Embraces a New Dawn of Arbitration in Asia
On 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European...
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