In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. This outcome could have been avoided if the parties had specified a suitable arbitral seat in the arbitration clause. We will discuss this case and provide recommendations for avoiding such outcomes. Relevance of the arbitral seat The…
This article was first published in the China Business Law Journal, July / August 2016, Volume 7 |…
Get a quick comparison of commonly used arbitration rules in the ASEAN region in this Chart of Arbitral…
Since diplomatic relations with China began in 1992, Israeli-Sino trade volume has risen steadily, from US$50 million in 1992 to US$9.9 billion in 2012. Chinese technology powerhouses, such as Alibaba and Baidu, have visited Israel frequently in recent years, looking to purchase Israeli start‑ups and export their technology back to China. Prominent Chinese companies like China Civil Engineering Construction Corporation are being engaged to carry out the tunnel boring works for the Carmel Tunnel in…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court…
Recent developments China’s Supreme People’s Court (“SPC”) has clarified the jurisdiction of China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Economic and Trade Arbitration Commission (also known as the “Shanghai International Arbitration Center”) (“SHIAC”) and South China International Economic and Arbitration Commission (also known as the “Shenzhen Court of International Arbitration”) (“SCIA”). The SPC provides guidance by way of the Reply of the Supreme People’s Court to the Request of Shanghai High…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the…
Case comment on Z v A and others (HCCT 8/2013) Introduction The place of arbitration is of pivotal importance to any arbitration because it determines: the legal system which supplies the lex arbitri, which is the law of the arbitration agreement that determines the meaning, validity and enforceability of the arbitration agreement; andthe court which hears applications to challenge the arbitral tribunal (eg. jurisdiction, bias, etc…) and set aside the arbitral award. Problems can therefore…