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Dispute digest

A trustee’s duty: separation of trust property rights

By Wang Yan and Gao Zhuang, BAC/BIAC

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

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

By Xie Wei, CIETAC South China Sub-Commission

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

New developments in commercial arbitration and mediation

By Fan Kun, McGill University

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

How many arbitrators do you need in mainland China?

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

Prevention of ‘sham arbitration’

By Jia Shen, CIETAC

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

Emergency arbitrator proceedings and the GKML case

By Terence Xu, BAC/BIAC

‘Oriental experience’ for resolving investor-state disputes

By Madhav Kumar, CIETAC Hong Kong

HKIAC rules in revision

By Joe Liu, HKIAC

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Rising Stars 2023

100 young elite lawyers for China market

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The A-List 2022

After thorough editorial survey and research, China Business Law Journal presents the elite lawyers in China’s legal market

China Deals of the year 2022

Deals of the year 2022

The most exciting China-related legal transactions and disputes of 2022

CORRESPONDENTS

Retroactive voiding of VAM clauses

Retroactive voiding of VAM clauses in IPO process

By Li Ling and Wu Jinfeng, Grandway Law Offices

Judicial determination of maliciously initiating IP litigation

By Chen Xi, Wan Rui Law Firm
Labour Dispute Cases

Insights from judicial interpretation of labour disputes (Part I)

By Shaw Zhao and Mia Wang, Jingtian & Gongcheng

FEATURES

Deals of the year China 2023

China Deals of The Year 2023

From blockbuster issuances to fiercely contested disputes, we proudly unveil the Deals of the Year 2023

Joanne Lau discusses HK arbitration statusvideo

Rising to the challenge

Navigating Legal Horizons- AI Advancements and IP Protection Rules-L

Breaking AI impasse

Exclusive interview with Wang Sijia, IP and data compliance director at NetEase Group, exploring the key challenges to China’s AI growth

PRACTITIONERS' PERSPECTIVES

How can Chinese firms defend IP rights in overseas trades?

By Zhou Zhengping, Kangda Law Firm
Huahong Semiconductor’s Sci-Tech listing

Huahong Semiconductor’s listing on Sci-Tech Innovation Board

By Wayne Chen and Harriet Li, Llinks law offices
Substantive consolidation prospects

Practice, prospects of substantive consolidation

By Amy Ren and Shawn Xu, Llinks Law Offices

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