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21 October 2020
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Dispute digest

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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online hearings
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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