Lending a hand

Arbitration is changing quickly. The China International Economic and Trade
Arbitration Commission (CIETAC) and the International Chamber of Commerce are both amending their arbitration rules. Hong Kong’s new Arbitration Ordinance, which came into force in June, borrows from the UNCITRAL Model Law which was itself revised in August last year. Singapore introduced new arbitration rules last July.

In Which arbitration rules are right for you?, we present our annual review of China-related arbitration. The rules may be changing, but some of the old questions facing corporate counsel remain. Which arbitration forum is best? Which rules to adopt? And will an arbitration award be enforced?

Our coverage also identifies a shift towards arbitration-mediation in the resolution of China-related disputes. In arb-med, mediation can take place at any time during arbitration proceedings, with the arbitrators simply wearing a different hat. As reported by one of our correspondent law firms last month (Arb-med: law and practice in China, China Business Law Journal volume 2 issue 7), the scope of mediation may differ from that of the underlying arbitration, and failure of a mediation effort does not preclude continuation of the arbitration procedure.