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Dispute digest

Understanding and applying articles of CISG

By Xu Zhihe and Li Tingwei, SHIAC

Professional sports deserve professional arbitration system

By Fu Xiangyu, Beijing Arbitration Commission/Beijing International Arbitration Centre

Draft amendment a big leap for China arbitration 

By Helen Shi, International Court of Arbitration of the International Chamber of Commerce

Sellers beware of your contractual obligations

By Shen Bin, No.2 Case Management Department;Zou Rui, Shanghai International Arbitration Centre

Showcase for arbitrating cross-border IP disputes

By Zhang Weiyu and Li Tingwei, SHIAC

Arbitrator selection and old school chums

By Huang Zhuoxin, CIETAC South China Sub-Commission

Requirements, validity of franchise contracts: A case study

By Song Ruyi and Li Tingwei, SHIAC

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission

Arbitration issues involving bankrupt enterprises

By Wang Chaoqi, BAC/BIAC

Recourse right of sureties under contracts in Civil Code

By Cheng Xiao, Beijing Arbitration Commission/Beijing International Arbitration Center

Ensuring arbitration clause validity in signed company contracts

The following arbitration case illustrates this problem, and this article aims to provide its solution

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.

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

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

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

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.

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).

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.

‘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?

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.

Managing multijurisdictional investigations involving China

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

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

The Mainland-HK arrangement: HKIAC practice and experience

By Hong Kong International Arbitration Centre

Terms of reference: Theory and practice

By Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)

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

By China International Economic and Trade Arbitration Commission

Service of arbitration documents on foreign parties

By Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)

Connecting HK arbitrations to mainland interim measures

By Nick Gall and Chris Wong, Gall

Mutual assistance for interim measures in arbitration

By China International Economic and Trade Arbitration Commission

Reducing the risk of sham arbitrations

By Beijing Arbitration Commission/Beijing International Arbitration Centre

Asset management arbitration cases in China

By Zhan Ling, China International Economic and Trade Arbitration Commission

Thoughts on deciding an invalid contract

By Zhang Jiechao, Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)

CIETAC 2018 report card

By Wang Chengjie, China International Economic and Trade Arbitration Commission

Dual language or bilingual arbitrations: five points for parties

By Damien McDonald and Matthew Townsend, Fangda Partners

How many arbitrators do you need in mainland China?

By Ma Xiaoxiao, Beijing Arbitration Commission/Beijing International Arbitration Centre

What makes a credible arbitral award

By Sun Yu, BAC/BIAC

Online insurance: How to fulfil disclosure and explanation duties

By Zhan Hao and Kang Xin, AnJIe Law Firm

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

By CW Ling and Stephanie Cheung, Hong Kong Mediation Council

How CIETAC’s rules realize party autonomy

By Thomas Tang, JunZeJun Law Offices

How does mediation help parties to resolve conflicts?

By CW Ling, Stephanie Cheung

HKIAC rules in revision

By Joe Liu, HKIAC

Outline of opinions on private lending cases in BAC/BIAC

By Sun Yu, Shen Yunqiu and Chen Xiao, BAC/BIAC

HK homes in on Belt & Road disputes

By Brad Wang, Madhav Kumar and Raymond Gao

China’s top court issues arbitration guidance

By John Choong and Eric Chan, Freshfields Bruckhaus Deringer

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CORRESPONDENTS

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Interim measures, enforcement of extraterritorial ad hoc arbitration

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PCAB licence a must for Philippine contracting projects

By Wang Jihong and Liu Ying, Zhong Lun Law Firm
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Drawing the line for banks handing over personal information in NPL transfers

By Cedric Ding and Emily Tan, AllBright Law Offices

FEATURES

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Priced to please

By Luna Jin

Our annual billing rates survey reveals Chinese law firms’ fees

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An inconvenient moment of truth

By Vandana Chatlani

How accountable should lawyers be for our climate woes?

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Stepping up

By Avery chen

Senior lawyers from local and national firms analyse service demand and competition in Guangzhou’s legal market

PRACTITIONERS' PERSPECTIVES

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Key points for leasing companies joining bankruptcies as creditors

By Wang Shu and Zhu Jun, Han Kun Law Offices
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Guidelines for national carbon emissions trading

By Zhao Shujie, East & Concord Partners
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China’s personal information protection regime is complete

By Li Chunyi, Zhongzi Law Office

Lexicon

Lexicon

Decentralised autonomous organisations

By Andrew Godwin