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Chunlei Zhao (Tsinghua University Faculty of Law, Institute for International Dispute Settlement)
Are Non-binding Arbitration Agreements Enforceable Under PRC Law?
February 10, 2022

A key characteristic of an international commercial arbitration award is its binding nature, although parties may still consent to non-binding arbitration. A consent to non-binding arbitration is…

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John Choong, Eric Leikin, Yiqiu Wang (Freshfields Bruckhaus Deringer LLP)
Deal or No Deal: The Fate of the EU-China Comprehensive Agreement on Investment and its Potential Impact on Future Investment Claims
November 27, 2021

The EU-China Comprehensive Agreement on Investment (CAI), agreed in principle in December 2020, was announced with great fanfare. Forged after seven years of negotiations between the world’s current…

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Suraj Sajnani, Hazel He (King & Wood Mallesons) for HK45
Hong Kong Arbitration Week Recap: ADR in Asia Conference – HK-PRC Interim Measures Arrangement – 2 Years on
October 28, 2021

Hong Kong Arbitration Week 2021 is upon us, with a number of exciting in-person, virtual and hybrid events.  On 27 October 2021, the ADR in Asia Conference was held, focussing on “Tomorrow’s Disputes…

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Hiroko Yamamoto
Interviews with Our Editors: In Conversation with Sarah Grimmer, Secretary-General of the Hong Kong International Arbitration Centre
October 26, 2021

Sarah has been HKIAC Secretary-General since September 2016. During her time at the helm, the HKIAC has, among other actions, released its 2018 Administered Arbitration Rules, overseen the changes…

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Ming Liao (Tahota Law Firm)
The Turn to Fact or Fiction: Ad Hoc Arbitration in the Draft Amendment to PRC Arbitration Law
October 24, 2021

The proposed Article 91 in the Draft Amendment to PRC Arbitration Law (the “Draft Amendment”), which was issued by the PRC Ministry of Justice in July 2021, introduces ad hoc arbitration: “The…

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Fátima Dermawan (MdME Lawyers), João Ilhão Moreira (University of Macau)
Jumpstarting Arbitration through Tax Incentives? Macau’s Tax Incentive Scheme for Choosing Arbitration
October 17, 2021

If you are a party to a lease agreement or a grant of right to use commercial space in Macau, tax considerations may now be critical for determining whether “to arbitrate or not to arbitrate”. In…

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Yiqiu Wang (Freshfields Bruckhaus Deringer LLP)
Paris Arbitration Week: Protecting Your Interest Through Interim Relief From Mainland Chinese Courts
September 25, 2021

During the Paris Arbitration Week, HKIAC held a webinar on “Protecting your interest through interim relief from Mainland Chinese courts”, two years after the unprecedented Arrangement Concerning…

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Mariana Zhong (Hui Zhong Law Firm)
Validity of Arbitration Agreement: A New Relaxed Approach in the Draft Amendment to PRC Arbitration Law
September 19, 2021

On 30 July 2021, the PRC Ministry of Justice issued the Amendment to the Arbitration Law (Consultation Draft) (the “Draft Amendment”), which is the first substantial amendment of the existing PRC…

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Peter A. Neumann (Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution), Yahan Lu (CIETAC)
Multi-tiered Clauses in China: How Courts Navigate the “Dismal Swamp”
September 10, 2021

Multi-tiered dispute resolution clauses – which typically require negotiation, mediation, and/or other form(s) of alternative dispute resolution (“ADR”) prior to submitting the dispute to binding…

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Anton A. Ware, Tereza Gao, Grace Yang (Arnold & Porter Kaye Scholer LLP)
Proposed Amendments to the PRC Arbitration Law: A Panacea?
September 09, 2021

Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially unchanged to…

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