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Li Huanzhi (Anli Partners)
China’s International Commercial Court: A Strong Competitor to Arbitration?
September 30, 2018

In June 2018, China launched its first and second International Commercial Courts (the “CICC”). The advent of them represents a prolonged attempt of China to upgrade its judicial system by…

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Brad Wang (CIETAC (HK)), Gloria Ho
CIETAC’s Fresh Footprint in North America: Drawing on Experiences of its Hong Kong Counterpart
September 28, 2018

The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the…

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Wei Sun (Zhong Lun Law Firm)
First Emergency Arbitrator Proceeding in Mainland China: Reflections on How to conduct an EA Proceeding from Procedural and Substantive Perspectives
September 01, 2018

Last year, I was appointed by Beijing Arbitration Commission (“BAC”) as the emergency arbitrator in an emergency arbitrator proceeding (“EA proceeding”), the first EA proceeding ever requested by the…

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Helen H. Shi (Fangda Partners) for HK45
Have PRC Courts Ordered Interim Relief Measures in Support of HKIAC Arbitrations without an Express Legal Basis: What Lies Ahead?
August 26, 2018

Under the current Chinese legal framework, while PRC Courts are granted exclusive power to grant interim relief measures in support of arbitration [fn] Chinese courts are granted the exclusive power…

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Wei Sun (Zhong Lun Law Firm)
International Commercial Court in China: Innovations, Misunderstandings and Clarifications
July 04, 2018

On 29 June 2018, the Supreme People’s Court of China (the “SPC”) launched its First International Commercial Court in Shenzhen, Guangdong, and Second International Commercial Court in Xi’an, Shaanxi…

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Mingchao Fan (Shanghai Arbitration Commission), Briana Young, Anita Phillips (Herbert Smith Freehills)
Belt and Road: Supporting the Resolution of Disputes
April 16, 2018

On 5 March 2018, the ICC Court announced the establishment of a commission to address dispute resolution in relation to China’s Belt and Road Initiative. The commission will drive the development of…

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Horia Ciurtin
The Structural Implications of Belt-and-Road Arbitration: China’s Legal Gamble across Eurasia
March 19, 2018

The Belt-and-Road Initiative ("BRI") is a grand vision about connectivity, infrastructure, trade and unimpeded foreign direct investment ("FDI") flows. It is a path to China’s largest export market…

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Yves Hu (JunHe LLP), Clarisse von Wunschheim (Altenburger)
Reforms on the "Prior Reporting System" -- A Praiseworthy Effort by the PRC Supreme People's Court, or Not?
January 08, 2018

The Prior Reporting System, established in August 1995 (see SPC Notice on Prior Reporting System (1995)), has been the most notable intervention of the Supreme People's Court ("SPC") in the area of…

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Wei Sun (Zhong Lun Law Firm)
Non-existence of Contract: An Often Raised Challenge at Recognition and Enforcement Stage in China
January 03, 2018

When applicants seek recognition and enforcement (“R&E”) of foreign arbitral awards in PRC courts, a challenge often raised by respondents is the non-existence of the main contract between the…

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Wei Sun (Zhong Lun Law Firm)
Recent Development of Ad hoc Arbitration in China: SPC Guidance and Hengqin Rules
December 19, 2017

On 30 December 2016, the Supreme People’s Court of China (“SPC”) released Opinion on Providing Judicial Protection for the Development of the Pilot Free-Trade Zones (“Opinion”), which was regarded as…

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