Tag: Beijing International Arbitration Centre
Challenges posed by bankruptcy proceedings to arbitration
In the past few years, amid changes in the economic situation and accelerated adjustment of industrial structures, judicial practice of China’s insolvency laws
Resolving investigation, evidence collection dilemma of arbitration tribunals
Both commercial arbitration cases and their disputed amounts have skyrocketed across China in recent years
Arbitration of disputes over non-monetary debt contracts
Disputes arising from non-monetary debt contracts present unique challenges that require careful consideration from arbitrators
Application of deposit penalty rule
Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for
Rulings on claim for partial rescission of a contract
As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties
Determining penalties in live-streaming contract disputes
This article takes a dispute over a certain live-streaming contract as an example to showcase how the amount of penalties in such cases is determined in arbitration
Procedures in event of arbitration party’s death
Procedures in event ofarbitration party’s death
Defining administrative agreements for related disputes
Applying civil remedies for disputes related to the performance of administrative agreements is more in line with the essential legal relationship, which will have a more effective legal implementation
Distinguishing joint assumption of debt and guaranty in arbitration
To achieve the maximum protection for creditors’ interests in commercial transactions, it is common for a third party to assume liability for the debt
Introduction, implementation of dispute review in China
Dispute review has indeed resolved construction disputes rapidly and at low cost, but it has seen little action since its introduction in China
Long roots, strong branches
What role will Hong Kong and Shenzhen arbitration play as the Greater Bay Area pumps up into a dynamic hub for all things commercial?
Online platforms’ data protection obligations under PIPL
In the big data era, online platforms process a large amount of personal information
Settling disputes arising from guarantee system
The guarantee system takes the realisation of creditors’ rights as the basic aim of legislation
Validity of arbitration agreements under designated agents
The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals
Arbitrability for intra-company disputes
Intra-company disputes are usually resolved by courts in China, but the absence of special procedural rules in the Civil Procedure Law leads to time-consuming and laborious settlements
Handling disputes over convertible bonds trading
Convertible bonds generally refer to bonds issued by listed companies that are convertible into shares