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Dispute digest

外国法适用和查明在中国涉外仲裁诉讼中的基本脉络
Dispute digest

Foreign law in Chinese arbitration and litigation

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Introduction and implementation of dispute review
Dispute digest

Introduction, implementation of dispute review in China

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Arbitration-institutions-may-support-resolving-NFT-disputes-L
Dispute digest

Arbitration institutions may support resolving NFT disputes

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TPF arbitration reviewed
Dispute digest

Judicial review updates of TPF arbitration

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arbitration issues on international sale
Dispute digest

Issues in arbitration on international sale of goods contracts

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Cross-border guarantee disputes
Dispute digest

Rules of judgment determining cross-border guarantee disputes

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Judgment assesses nature of PPP agreements
Dispute digest

Judgment assesses nature of PPP agreements

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Hong Kong arbitration case based on defective clause
Dispute digest

Hong Kong arbitration case based on defective clause

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Dispute digest

Comparing head office and branches on arbitration agreement validity

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Arbitrating the quality of goods in international trade
Dispute digest

Arbitrating the quality of goods in international trade

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online gaming-related disputes resolution
Dispute digest

Effective resolution of online gaming-related disputes

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Online platforms PIPL obligations
Dispute digest

Online platforms’ data protection obligations under PIPL

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Settling disputes arising from guarantee system
Dispute digest

Settling disputes arising from guarantee system

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Tips for safely navigating international air services disputes
Dispute digest

Tips for safely navigating international air services disputes

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Validity of arbitration agreements under designated agents
Dispute digest

Validity of arbitration agreements under designated agents

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Understanding payment process for HKIAC arbitrations
Dispute digest

Understanding payment process for HKIAC arbitrations

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Dispute digest

Applying denial of legal personality in arbitration

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Establishing international DR mechanism under RCEP
Dispute digest

Establishing international DR mechanism under RCEP

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Arbitrability for intra-company disputes
Dispute digest

Arbitrability for intra-company disputes

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Arbitration case study of aviation tech dispute
Dispute digest

Arbitration case study of aviation tech dispute

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Arbitrating financial leasing transactions in the energy sector
Dispute digest

Arbitrating financial leasing transactions in the energy sector

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International summary procedures what how and why
Dispute digest

International summary procedures: what, how and why

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Handling disputes over convertible bonds trading
Dispute digest

Handling disputes over convertible bonds trading

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Emergency cross-border arbitration run by CIETAC HK
Dispute digest

Emergency cross-border arbitration run by CIETAC HK

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Manager liability in private equity fund arbitration
Dispute digest

Manager liability in private equity fund arbitration

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The practice of arbitrating derivatives disputes
Dispute digest

The practice of arbitrating derivatives disputes

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Administrative agreement types and arbitrability
Dispute digest

Administrative agreement types and arbitrability

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Arbitrating commercial tenancy contract disputes
Dispute digest

Arbitrating commercial tenancy contract disputes

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中国企业海外投资项目争议解决风险启示
Dispute digest

Dispute resolution risks for overseas investment

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The professionalisation of arbitral case managers
Dispute digest

The professionalisation of arbitral case managers

By Yuan Ning
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Determining validity of cross-border future trading contracts
Dispute digest

Exploring validity of cross-border futures trading contracts

By Xu Zhihe and Wang Yuan, SHIAC
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Determining ‘period of carriage by air’ under Montreal Convention
Dispute digest

Determining ‘period of carriage by air’ under Montreal Convention

By Gao Zhuang, BIAC
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Shining-a-light-on-revenue-allocation-under-EMC-model-L
Deal digest

Shining a light on revenue allocation under EMC model

By Xu Zhihe, SHIAC
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DD-Confidentiality-in-administered-arbitrations-L
Dispute digest

Confidentiality in administered arbitrations

By Wang Xiaojun, HKIAC
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DD-A-trustee-s-duty-Separation-of-trust-property-rights-L
Dispute digest

A trustee’s duty: separation of trust property rights

By Wang Yan and Gao Zhuang, BAC/BIAC
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Understanding-and-applying-articles-of-CISG-L2
Dispute digest

Understanding and applying articles of CISG

By Xu Zhihe and Li Tingwei, SHIAC
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Professional-sports-deserve-professional-arbitration-system--L
Dispute digest

Professional sports deserve professional arbitration system

By Fu Xiangyu, Beijing Arbitration Commission/Beijing International Arbitration Centre
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Institutions-play-key-role-in-diversity-of-arbitration
Dispute Digest

Institutions play key role in diversity of arbitration

By Crystal Choy, HKIAC
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HKIAC-option-to-fast-track-arbitrations
Dispute Digest

HKIAC option to fast-track arbitrations

By Hu Sicen, HKIAC
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Canadian-court’s-practice-on-recognising-and-enforcing-SHIAC-award
Deal digest

Canadian court’s practice on recognising and enforcing SHIAC award

By Xu Zhihe, SHIAC
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Tribunal-composition-in-multi-party-arbitration-agreements
Dispute Digest

Tribunal composition in multi-party arbitration agreements

By Zhao Ke, BAC/BIAC
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Arbitrability of investment contracts involving public entities, 政府招商引资合同的可仲裁性
Dispute digest

Arbitrability of investment contracts involving public entities 

By Xu Zhihe, SHIAC
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Disputes over name seals on contracts of suretyship, 保证合同上法定代表人人名章的效力争议
Dispute digest

Disputes over name seals on contracts of suretyship

By Yuan Ning, BAC/BIAC
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Ad hoc arbitrations and their appointing authorities, 临时仲裁及其委任机构
Dispute digest

Ad hoc arbitrations and their appointing authorities

By Yang Ling, HKIAC
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Draft amendment a big leap for China arbitration, 仲裁法修订草案助力中国仲裁迈出一大步
Dispute digest

Draft amendment a big leap for China arbitration 

By Helen Shi, International Court of Arbitration of the International Chamber of Commerce
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Jurisdiction, application of limited partners derivative arbitration, 有限合伙人派生仲裁的管辖与适用
Dispute digest

Jurisdiction, application of limited partners derivative arbitration

By Fu Bing, BAC/BIAC
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Joint tort action versus valid arbitration agreement, 共同侵权诉讼能排除有效仲裁协议吗？
Dispute digest

Joint tort action versus valid arbitration agreement

By Xu Zhihe, SHIAC
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Sellers beware of your contractual obligations, 国际贸易中卖方未按约投保的法律责任
Dispute digest

Sellers beware of your contractual obligations

By Shen Bin, No.2 Case Management Department;Zou Rui, Shanghai International Arbitration Centre
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Balancing finality and accuracy in investment arbitration cases, 投资仲裁案件终局性与准确性的兼容
Dispute digest

Balancing finality and accuracy in investment arbitration cases

By Fu Xiangyu, BAC/BIAC
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Compliance breach and loss of contract- Be on guard, 企业违反反腐败合规义务导致合同解除
Dispute digest

Compliance breach and loss of contract: Be on guard 

By Song Ruyi, SHIAC
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Share exchange mergers and the legality of cash options, 换股吸收合并与现金选择权的规范基础
Dispute digest

Share exchange mergers and the legality of cash options 

By Wang Xiaoxin, BAC/BIAC
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Arbitration’s role in resolving disputes over hotel management, 仲裁在解决酒店管理争议中的作用
Dispute digest

Arbitration’s role in resolving disputes over hotel management 

By An Di, BAC/BIAC
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Financial-disputes-arbitration-rules-offer-professional-resolution, 看金融仲裁规则如何快刀斩乱麻
Dispute digest

Financial disputes arbitration rules offer professional resolution

By Fu Caizhen, CIETAC
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Showcase-for-arbitrating-cross-border-IP-disputes
Dispute digest

Showcase for arbitrating cross-border IP disputes

By Zhang Weiyu and Li Tingwei, SHIAC
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Applying trade usage to resolve diamond deal disputes, 交易习惯在钻石买卖纠纷审裁中的实践运用
Dispute digest

Applying trade usage to resolve diamond deal disputes

By Xu Zhihe and Li Tingwei
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The pre-arb negotiation agreement- Glue or sticking point_ , 仲裁条款中的协商前置约定：粘合剂还是绊脚石？
Dispute digest

The pre-arb negotiation agreement: Glue or sticking point?

By Xie Wei, CIETAC South China Sub-Commission
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Disqualification standards in international investment arbitration, 国际投资仲裁中仲裁员独立性与公正性认定标准
Dispute digest

Disqualification standards in international investment arbitration

By Li Yejing, BAC/BIAC
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Application-of-CISG-article-79-during-the-pandemic,-新冠疫情背景下《联合国国际货物销售合同公约》第七十九条的理解与适用
Dispute digest

Application of CISG article 79 during the pandemic

By Gao Zhuang, BAC/BIAC
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Arbitrator-selection-and-old-school-chums,-首席仲裁员与由当事人选定的边裁是大学同学应当回避吗？
Dispute digest

Arbitrator selection and old school chums

By Huang Zhuoxin, CIETAC South China Sub-Commission
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Requirements,-validity-of-franchise-contracts--A-case-study,-仲裁案例分享：商业特许经营合同的形式要求与实质效力问题
Dispute digest

Requirements, validity of franchise contracts: A case study

By Song Ruyi and Li Tingwei, SHIAC
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Determining-authenticity-on-electronically-signed-contracts,-电子方式签订的合同缺失原件时，如何看待签名真伪？
Dispute digest

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission
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Arbitration-issues-involving-bankrupt-enterprises,-涉及破产企业的若干仲裁实务问题研究
Dispute digest

Arbitration issues involving bankrupt enterprises

By Wang Chaoqi, BAC/BIAC
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Recourse-right-of-sureties-under-contracts-in-Civil-Code
Dispute digest

Recourse right of sureties under contracts in Civil Code

By Cheng Xiao, Beijing Arbitration Commission/Beijing International Arbitration Center
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北京仲裁委员会/北京国际仲裁中心
Dispute digest

Analysis of ‘impediment’ in the UN’s CISG

By Liao Ming
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仲裁条款
Dispute Digest

Can arbitration clauses stipulate cases shall close within 30 days?

By Zhang Xiaoyu, CIETAC
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Zhang Jiechao is an arbitrator at the Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)
Dispute digest

Ensuring arbitration clause validity in signed company contracts

The following arbitration case illustrates this problem, and this article aims to provide its solution
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Impact-of-securities-law-revisions-on-China-arbitration
Dispute digest

Impact of securities law revisions on China arbitration

The first Securities Law of the PRC come into effect on 1 July 1999, and has since undergone five amendments. The latest revision came into effect on 1 March 2020. It is more striking than all previous revisions, with many highlights.
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factual witnesses
Dispute digest

Factual witnesses in commercial arbitration

In commercial arbitration, the claimant and the respondent shall each provide evidence for the facts on which they apply, reply or counterclaim. Witness testimony often plays an indispensable role in providing facts and restoring the truth of a case
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appeal
Dispute digest

Focus on BAC rules appeal mechanism

A highlight of the BAC investment arbitration rules is that they provide an appeal mechanism under article 46 and appendix E, allowing the parties to appeal by consent
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EAP
Dispute digest

EAP proves a handy tool in uncertain times

The emergency arbitrator procedure (EAP) is a mechanism in the field of international commercial arbitration available to parties seeking interim relief
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arbitration
Dispute digest

Adjusting to internet arbitration cases

The oral hearings of arbitration cases in mainland China were cancelled after the spring festival due to social distancing measures to control the COVID-19 pandemic. Since then, arbitration institutions have been seeking an alternative to hear cases while complying with the epidemic prevention policy.
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contracts
Dispute digest

COVID-19’s impact on international trade contracts

Under PRC law, the impact of the COVID-19 pandemic on contract performance involves two regimes: force majeure and rebus sic stantibus (change of circumstances).
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Dispute digest

Can video links in arbitration hearings help in a pandemic?

Many arbitration cases have been paused due to social distancing measures, which are widely regarded as the key to fighting the ongoing COVID-19 pandemic.
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arbitration
Dispute digest

‘Transplant’ of the arbitration agreement

Is the arbitration agreement entitled to be “transplanted”? And would the transplanted one still be recognized as an effective arbitration agreement?
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duty
Dispute Digest

Fiduciary duty in asset management transactions

The legal relationship between a client and a manager in asset management transactions should be dealt with under the analytical framework of the fiduciary duty.
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multijurisdictional
Dispute digest

Managing multijurisdictional investigations involving China

As business operations are increasingly cross-border, compliance and investigation functions have to evolve for multijurisdictional challenges.
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arbitration
Dispute digest

Shifting landscape of international arbitration in China

This article tries to debrief the developments of its international cases in the past five years and to demonstrate the landscape changes of international arbitration practice in China
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Hong Kong
Dispute digest

The Mainland-HK arrangement: HKIAC practice and experience

By Hong Kong International Arbitration Centre
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TOR
Dispute digest

Terms of reference: Theory and practice

By Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)
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interim
Dispute digest

Arbitration interim measures: Mainland-HK co-ordination (part 2)

By China International Economic and Trade Arbitration Commission
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arbitration
Dispute digest

Service of arbitration documents on foreign parties

By Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)
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Watson Farley & Williams (WFW) -arbirations
Dispute digest

Connecting HK arbitrations to mainland interim measures

By Nick Gall and Chris Wong, Gall
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仲裁
Dispute digest

Mutual assistance for interim measures in arbitration

By China International Economic and Trade Arbitration Commission
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arbitrations
Dispute digest

Reducing the risk of sham arbitrations

By Beijing Arbitration Commission/Beijing International Arbitration Centre
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Dispute digest

Asset management arbitration cases in China

By Zhan Ling, China International Economic and Trade Arbitration Commission
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BAC
Dispute digest

New developments in commercial arbitration and mediation

By Fan Kun, McGill University
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Dispute digest

Link Singapore Convention with PRC legal system

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北仲新规则-仲裁界的重大革新-Beijing-Arbitration-Commission-Beijing-International-Arbitration-Centre-BAC-BIAC-amendment-of-its-arbitration-rules
Dispute digest

BAC/BIAC’s new arbitration rules a clear improvement

By Wen Jie, BAC/BIAC
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Arbitration Rules
Dispute digest

Recent rule revisions of arbitration institutions

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bankruptcy
Dispute digest

Distinction between equity and debt under bankruptcy

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Definition of invalid contract by Zhang Jiechao and Terence Xu 北京仲裁委员会/北京国际仲裁中心仲裁员章杰超
Dispute digest

Thoughts on deciding an invalid contract

By Zhang Jiechao, Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)
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CIETAC peformance in 2018 and arbitration
Dispute digest

CIETAC 2018 report card

By Wang Chengjie, China International Economic and Trade Arbitration Commission
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Business law digest

Dispute resolution focus on legal risk prevention in financial markets

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dual-language-damien-mcdonald-matthew-townsend
Dispute digest

Dual language or bilingual arbitrations: five points for parties

By Damien McDonald and Matthew Townsend, Fangda Partners
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我国商事仲裁中的仲裁庭人数问题-How-many-arbitrators-do-you-need-in-mainland-China
Dispute digest

How many arbitrators do you need in mainland China?

By Ma Xiaoxiao, Beijing Arbitration Commission/Beijing International Arbitration Centre
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仲裁地的确定及其法律意义 Determination of seat of arbitration, and its legal significance-BEIJING-ARBITRATION-COMMISSION-BEIJING-INTERNATIONAL-ARBITRATION-CENTRE
Dispute digest

Determination of seat of arbitration, and its legal significance

By Jiang Qiuju, BAC/BIAC
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Prevention-of-‘sham-arbitration’-CHINA-INTERNATIONAL-ECONOMIC-AND-TRADE-ARBITRATION-COMMISSION
Dispute digest

Prevention of ‘sham arbitration’

By Jia Shen, CIETAC
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credible-arbitral-award
Dispute digest

What makes a credible arbitral award

By Sun Yu, BAC/BIAC
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互联网保险如何履行提示和明确说明义务-Online-insurance-How-to-fulfil-disclosure-and-explanation-duties
Dispute digest

Online insurance: How to fulfil disclosure and explanation duties

By Zhan Hao and Kang Xin, AnJIe Law Firm
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调解如何协助各方解决纠纷（二）-How-does-mediation-help-parties-resolve-conflicts-PART-II
Dispute digest

How does mediation help parties resolve conflicts? (PART II)

By CW Ling and Stephanie Cheung, Hong Kong Mediation Council
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国际投资仲裁中的仲裁合意 Consent-to-arbitration-in-international-investment
Dispute digest

Consent to arbitration in international investment

By Zhang Xi, BAC/BIAC
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贸仲规则如何实现当事人的意思自治-How-CIETAC’s-rules-realize-party-autonomy
Dispute digest

How CIETAC’s rules realize party autonomy

By Thomas Tang, JunZeJun Law Offices
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How does mediation help parties to resolve conflicts?
Dispute digest

How does mediation help parties to resolve conflicts?

By CW Ling, Stephanie Cheung
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紧急仲裁员仲裁程序及临时措施在内地的实践
Dispute digest

Emergency arbitrator proceedings and the GKML case

By Terence Xu, BAC/BIAC
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解决投资者-国家争端的‘东方经验’-‘Oriental-experience’-for-resolving-investor-state-disputes
Dispute digest

‘Oriental experience’ for resolving investor-state disputes

By Madhav Kumar, CIETAC Hong Kong
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HKIAC-arbitration-rules
Dispute digest

HKIAC rules in revision

By Joe Liu, HKIAC
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建设工程类仲裁案件常见裁判思路
Dispute digest

Outline of opinions on construction cases in BAC/BIAC

By Ding Jianyong, BAC/BIAC
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Helena-Chen-is-an-arbitrator-at-the-China-International-Economic-and-Trade-Arbitration-Commission-(CIETAC)-and-Pinsent-Masons’-China-joint-head-of-office.
Dispute digest

Revision of dispute resolution procedure in FIDIC construction contracts

By Helena Chen, CIETAC
0
Convention on international settlement agreements resulting from mediation
Dispute digest

Convention on international settlement agreements resulting from mediation

By Terence Xu, BAC/BIAC
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民间借贷
Dispute digest

Outline of opinions on private lending cases in BAC/BIAC

By Sun Yu, Shen Yunqiu and Chen Xiao, BAC/BIAC
0
CIETAC-dispute-resolution
Dispute digest

How to create leading dispute resolution centre

By Wang Chengjie, CIETAC
0
Dispute digest

How arbitration tackles disguised debt in trust industry

By Zhang Jiechao, BAC/BIAC
0
Dispute digest

Legal nature and arbitrability of PPP contracts

By Tan Jinghui
0
Dispute digest

HK homes in on Belt & Road disputes

By Brad Wang, Madhav Kumar and Raymond Gao
0
Arbitration and settlement
Dispute digest

Arbitration and settlement: Influence of culture, legal tradition

By Professor Thomas Stipanowich
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China’s-top-court-issues-arbitration-guidance
Dispute digest

China’s top court issues arbitration guidance

By John Choong and Eric Chan, Freshfields Bruckhaus Deringer
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arbitral-awards-with-issue-preclusion
Dispute digest

Credibility of arbitral awards with issue preclusion

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Dispute digest

Converting settlement agreements into consent awards

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limitation-issue-under-Indian-law
Dispute digest

ICC tribunal in Singapore decides limitation issue under Indian law

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Funding
Dispute digest

Evolution, adaptation of third party funding of arbitrations

By Caroline Kenny QC
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