The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules (2018 Rules) will come into force on 1 November 2018. The 2018 Rules can be found here. The 2018 Rules introduce a raft of important and useful amendments including rules facilitating complex arbitrations, a procedure for an early determination of points of law or fact, shorter time limits under the emergency arbitrator procedures, third party funding provisions,…
In August 2018, the Beijing Arbitration Commission (“BAC”) closed its first arbitration case involving emergency arbitration procedures in…
Recent Development On December 5, 2017, the Fédération Internationale des Ingénieurs-Conseils (FIDIC) launched the second edition of the…
This article discusses the decision of the Hong Kong Court of Final Appeal (“CFA”) in Astro v First Media.[1] The CFA has allowed First Media to resist enforcement of awards under the New York Convention out of time. The CFA’s decision is important because it clarifies the applicable principles when considering whether time should be extended where an award debtor seeks to resist enforcement after the prescribed time limit has expired. In this case, First…
This excerpt originally appeared in the Baker McKenzie International Arbitration Yearbook 2017-2018. The Yearbook comprises reports on arbitration…
Following its earlier announcements, the Supreme People’s Court of China (SPC) has formally launched two branches in Shenzhen…
Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected, each institution has its unique rules and associated collection of risks and benefits. The updated table below[1] provides a quick reference guide for the rules of several key institutions, the SIAC, the SCC, ICSID, UNCITRAL, CIETAC and the PCA. Click here to view the Pdf version. This is a simplified guide intended to provide an overview of the…
“Creeping Americanization of international arbitration: is it the right time to develop inquisitorial rules of evidence?”[1] A session…
The London Court of International Arbitration (the “LCIA”) has recently published its Casework Report for 2017 which contains…
In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in handling post-M&A disputes can give them an insight into the risks and common problems that arise in M&A transactions post-completion, and how these may be best mitigated at the contract drafting and management stage. At Baker McKenzie our M&A disputes specialists work as a team with our corporate colleagues in order assist in managing and mitigating risk…