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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

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

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Lexicon

Justice

Video evidence

What are the rules governing the giving of evidence by video link in civil proceedings