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24 September 2021
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Dispute digest

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 

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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

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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

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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 

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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

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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

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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

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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

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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 

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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 

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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 

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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

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Showcase-for-arbitrating-cross-border-IP-disputes
Dispute digest

Showcase for arbitrating cross-border IP disputes

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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

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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

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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

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仲裁条款
Dispute digest

Can arbitration clauses stipulate cases shall close within 30 days?

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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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Kevin Xie China International Economic and Trade Arbitration Commission DeHeng Law Offices securities law
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
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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
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CIETAC-dispute-resolution
Dispute digest

How to create leading dispute resolution centre

By Wang Chengjie, CIETAC
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Dispute digest

How arbitration tackles disguised debt in trust industry

By Zhang Jiechao, BAC/BIAC
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Dispute digest

Legal nature and arbitrability of PPP contracts

By Tan Jinghui
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Dispute digest

HK homes in on Belt & Road disputes

By Brad Wang, Madhav Kumar and Raymond Gao
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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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Dispute digest

HK case law sheds light on phishing scams

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Dispute digest

Consolidation of domain name complaints possible under UDRP rules

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Dispute digest

Outline of opinions on equity transfer disputes

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Dispute digest

Pre-hearing procedural order for refusal of defence

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Dispute digest

Employment issues and guidance for business restructuring in China

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Dispute digest

Seat of arbitration and enforcement of awards

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Dispute digest

Highlights of CIETAC HK’s appointing authority rules in ad hoc arbitrations

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Dispute digest

Belt and Road a turning point for arbitration in China?

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Dispute digest

CIETAC v SCC: A comparison of arbitration rules

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Dispute digest

Keep calm and arbitrate: Politics and international arbitration

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Dispute digest

Financing arbitration: Someone wants to pay your legal bills

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Wording in arbitration agreements deserves greater care
Dispute digest

Wording in arbitration agreements deserves greater care

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China’s market economy status probed in Argentina
Dispute digest

China’s market economy status probed in Argentina

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Avoid pirate filings in Europe
Dispute digest

Avoid pirate filings in Europe

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The choice of presiding arbitrator
Dispute digest

The choice of presiding arbitrator

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Dispute digest

First CIETAC Hong Kong award enforced in mainland China

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Dispute digest

Highlights of the revised Stockholm arbitration rules

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Dispute digest

Ansung Housing v China administered by ICSID

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China’s investment treaty programme: Past, present and future
Dispute digest

China’s investment treaty programme: Past, present and future

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Using res judicata in domain name dispute resolution
Dispute digest

Using res judicata in domain name dispute resolution

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Legal risks and arbitration of bank management cases
Dispute digest

Legal risks and arbitration of bank management cases

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Serving notice a trap for the unwary
Dispute digest

Serving notice: a trap for the unwary

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Can concession agreement disputes be arbitrated in China?
Dispute digest

Can concession agreement disputes be arbitrated in China?

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Dispute resolution provisions within AIIB contracts
Dispute digest

Dispute resolution provisions within AIIB contracts

0
Dispute digest

Singapore court’s first ruling on BIT claim

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P2P
Dispute digest

P2P and its impact on evidence in internet finance cases

0
Dispute digest

NDRC fines Medtronic for price monopoly

0
Dispute digest

Arbitration in Asia: the present and future

0
Dispute digest

Seat of arbitration debate and the New York Convention

0
Dispute digest

Time and cost management in arbitration

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exploring-the-mindset-of-an-arbitrator
Dispute digest

Exploring the mindset of an arbitrator

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Dispute digest

Enforcement of non-mainland judgments by PRC courts

0
Dispute digest

Lower cost makes arbitration a more attractive option

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bac_pic
Dispute digest

Project quality appraisals within warranty period

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Dispute digest

Tips for Chinese pharmas on patent litigation in Canada

0
Dispute digest

Interpretation and translation according to CIETAC

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DEBT
Dispute digest

Risk prevention in debt-assumed acquisitions

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Dispute digest

Improper service poses risk for enforcement of awards

0
Dispute digest

Disclosure of arbitrators’ conflicts: IBA guidelines versus ICC guidance note

0
Dispute digest

Practical considerations for choosing between ad hoc and administered arbitrations

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Dispute digest

Need for more scrutiny on real estate crowdfunding

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