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Tag: Arbitration

Understanding and applying articles of CISG

By Xu Zhihe and Li Tingwei, SHIAC

Shareholder disputes cannot exclude right to arbitration

By Kelvin Poon and Avinash, Rajah & Tann

Burning ambition

By Luna Jin
Can China's desire to be a truly global dispute resolution centre be realised?

CIAC jurisdiction over construction disputes in the Philippines

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

HKIAC option to fast-track arbitrations

By Hu Sicen, HKIAC

Reciprocity is key for recognition of foreign judgments

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

Smoke clears over arbitration in trademark disputes

By Manisha Singh and Shreyashi Mazumdar, LexOrbis

ICC clearly

ICC Court’s new president Claudia Salomon discusses her role and the future landscape of dispute resolution in Asia

Looking to the East

The new president of the ICC Court, Claudia Salomon, discusses what changes she expects to see in the dispute resolution landscape in Asia

Draft amendment a big leap for China arbitration 

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

Non-signatories can be compelled to arbitrate

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Singapore’s secret recipe

SIAC's CEO talks about strategies for the centre's success and emerging trends in arbitration

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties

Investment risks and opportunities in Angola

By Catarina Levy Osório, João Francisco Cunha and Frederico de Távora Pedro, ALC Advogados

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

India shifts its focus in maritime arbitration

By Gautam Khurana and Pankaj Kapoor, India Law Offices

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Finding middle ground

Singapore Mediation Centre’s executive director, Ban Jiun Ean, discusses the art of mediation, the impact of the Singapore Convention on Mediation, emerging trends in the sector and the possibilities for online dispute resolution

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission

Exploring new models of regional IP arbitration

By Wang Gongjing, Langfang Arbitration Commission ; Wang Zhengzhi, Global-law Law Firm

How to draft effective arbitration clauses

By Jiang Fengtao, Hengdu Law Firm

Recourse right of sureties under contracts in Civil Code

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

Choosing a venue for arbitration

By Denning Jin, Han Kun Law Offices
The concept of venue has a relatively confusing “twin brother”, that is, the seat of arbitration.

All rise

Advocates and court administrators are navigating the technology and direction of virtual courts like never before, but is enough being done to make these forums smooth and accessible?

Evolving doors

A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners

No rewards for challenging awards in post-hearing stage

By Shweta Bharti and Shantanu Malik, Hammurabi & Solomon

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.

Ascertainment of foreign law in Chinese judicial practice

By Zhang Guanglei and Cai Xiaoxia, Jingtian & Gongcheng

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.

Pandemics unforeseen

How will the courts respond to an anticipated deluge of disputes relating to frustration of contracts in a post-COVID-19 world?

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?

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan

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

A case of intervention?

Has a recent Malaysian federal court decision watered down the non-interventionist policy enshrined within its arbitration regime?

Courting mediation

The Singapore Convention brings hope to businesses looking for a faster route to dispute resolution

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)

Arbitration: Six shades of wisdom

Interviews with leaders of six arbitration centres

China’s arbitration quid pro quo

Mainland institutions should seek to introduce the “China experience” to their global counterparts

‘Them and us’, or ‘all of us’?

Arbitration in the modern sense is an imported product for China

Arbitration practice keeps evolving

Arbitration practice in mainland China evolves in a way that reflects its local characteristics

Adding a little China wisdom

Chinese arbitration has formed and developed several unique practices and experiences

A meeting of the ways

Bringing the arbitration rules in line with international practice has long been a mainstream topic

The road to broader engagement

Arbitration gives parties greater flexibility for the efficient resolution of their international disputes

ADR for commercial disputes in China

By Quan Zhaohui and Mo Xinying, ETR Law Firm

Arbitrate, or petition for winding-up?

By Cheung Kwok Kit, Deacons

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

Asset management arbitration cases in China

By Zhan Ling, China International Economic and Trade Arbitration Commission

Production of documents in international arbitration

By Arthur Dong and Vicky Zhao, AnJie Law Firm

Arbitration evolution

Internationalizing China's dispute resolution system

Pressing issue

Why India’s arbitration ambitions are a hard sell

Dispute resolution evolution

Maxwell Chambers chairman discusses his chambers’ new initiatives in Singapore

What makes a credible arbitral award

By Sun Yu, BAC/BIAC

Legal Frontiers in the Philippines

The frontiers of complex existing and emerging areas of law in the Philippines are changing

Arbitration-related interim measures under Chinese law

By Arthur Dong and Vicky Zhao, AnJie Law Firm

Shared justice

Common ADR mechanism connects Belt and Road countries

Yin v Yang

Mediation can help turn conflict into consensus

Regional commercial arbitration for the new landscape

By Cheng Wen, Langfang Arbitration Commission

HKIAC rules in revision

By Joe Liu, HKIAC

Amendments to India’s Arbitration & Conciliation Act

By Ravi Singhania and Gunjan Chhabra, Singhania & Partners

Foreign seat of arbitration for domestic Indian disputes

By Ravi Singhania and Gunjan Chhabra, Singhania & Partners

Decision marks another step widening the arbitration net

By Karthik Somasundram and Shreya Gupta, Bharucha & Partners

Outline of opinions on private lending cases in BAC/BIAC

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

Amendments spur renewal of interest in arbitration

By Deepak Sabharwal, Deepak Sabharwal & Associates

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