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Tag: Arbitration

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?

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Denny-Jin---Han-Kun-Law-Offices

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.

DOCVIT-adds-partners

DOCVIT adds partners

vidisha garg anand and anand patent claims

Controlling costs: deletion versus amendment of claims

By Vidisha Garg, Anand and Anand

Patent filings in India have increased from 47,854 patent applications in 2017-18 to 50,667 in 2018-19. Considering India has become such an important jurisdiction, the cost of filing patent applications has become a concern

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compulsory licensing

Profit v losses

As an elusive covid-19 vaccine draws closer, big pharma is licking its lips at the monetary potential of what could be a virtually limitless ongoing global demand. But governments may use compulsory licensing regulation to tilt the scale towards affordability as the death toll escalates

licensing

IP profit v human loss

Big pharma is racing to find covid-19 vaccines in the hope of profiting from a virtually limitless global demand, but governments are likely to step in to tilt the scale

virtual courts online dispute resolutions

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?

Googlevideo

Google Leegle

Google’s director of legal operations, technology and strategy Mary Shen O’Carroll talks about emerging trends in legal technology and the future of in-house legal teams

INTAvideo

Reimagining INTA

The CEO of the International Trademark Association, Etienne Sanz de Acedo, talks to Asia Business Law Journal about his reinvention of the global flagship INTA Annual Meeting event with a bold move to the virtual sphere in this pandemic year

intellectual property infringement

Protection in paralysis

With India’s legal enforcement machinery neutralised by lockdown, infringement activity has climbed to an all-time high. What can IP owners do to stay afloat?