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Kai-chieh Chan  (International University of Rabat)
China’s Top Court Says No to Arbitrability of Private Antitrust Actions
January 23, 2020

Private antitrust actions were long thought to be non-arbitrable due to the public law character of antitrust law, though the scope of non-arbitrability has been reduced to varying extents in…

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Zbyněk Loebl  (PRK Partners)
Can a robojudge be fair?
December 16, 2019

Introduction At the latest ODR Forum which was held on 29-31 October 2019 in Williamsburg, Virginia, Dr Anyu Lee presented on China’s vision of online dispute resolution (“ODR”). He discussed how far…

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Peter Yuen  (Fangda Partners) , Matthew Townsend  (Fangda Partners) , John Zhou  (Fangda Partners)
Mainland China–Hong Kong Interim Measures Arrangement Swiftly Put into Use
October 26, 2019

On 1 October 2019, Mainland Chinese and Hong Kong bodies brought into force a reciprocal arrangement with significant implications for Hong Kong as a seat of arbitration. The arrangement allows the…

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Joyce Leung  (Hogan Lovells) , Joanne Lau  (Allen & Overy) , Nicole Tsui  (Morrison & Foerster)
Hong Kong Arbitration Week Recap: The Future of Arbitration in Hong Kong
October 23, 2019

As Hong Kong Arbitration Week 2019 hits the midway point, we asked three next-generation arbitration practitioners: how do you see the future of arbitration in Hong Kong? These are their answers:…

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Benson Lim  (Simmons & Simmons) , Kiran Nasir Gore  (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)
Interviews with Our Editors: In Conversation with Joe Liu of Hong Kong International Arbitration Centre
October 20, 2019

Joe is the longest-serving counsel in HKIAC, having been at HKIAC since January 2014. He holds LLMs from New York University and London School of Economics and Political Science. His previous stints…

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Peter A. Neumann  (Pepperdine Caruso School of Law, Straus Institute for Dispute Resolution)
Beijing Court Rejects Jurisdictional Challenge in Investment Agreement Dispute - a Step Forward for PRC Arbitrability Jurisprudence?
September 14, 2019

Introduction  Agreements governing the relationship of shareholders to each other and to the company (e.g., shareholders’, investment or subscription agreements) (collectively, “SHAs”)…

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Martin Rogers  (Davis Polk & Wardwell LLP) , Noble Mak  (Davis Polk & Wardwell, Hong Kong Solicitors)
Foreign Administered Arbitration in China: The Emergence of a Framework Plan for the Shanghai Pilot Free Trade Zone
September 06, 2019

On 6 August 2019, the State Council of the People’s Republic of China (PRC) (the “State Council”) published the “Framework Plan for the New Lingang Area of the China (Shanghai) Pilot Free Trade Zone…

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Xu Zhihe , Li Tingwei  (Shanghai International Arbitration Center)
Chinese Court’s New Approach to Interpreting the Validity of a Pathological Foreign-Related Arbitration Clause
September 04, 2019

Under China’s arbitration regime for foreign-related arbitration and international arbitration, the concept of a juridical seat is a statutory juncture where, in cases with no express agreement on…

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Brad Wang  (CIETAC (HK))
Xiamen Maritime Court in China Looks at Disputes with No “Foreign-related Element”
August 26, 2019

In the case of ZL Offshore [translation] (“ZL”) v PICC P&C Shipping Insurance Operation Centre [translation] (the “Operation Centre”) and PICC P&C Zhoushan City Branch [translation] (the “…

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Hu Ke  (Jingtian & Gongcheng) , Jiang Xinyan , Ren Xiaolu  (Jingtian & Gongcheng)
One Giant Leap for Chinese Arbitration: An Introduction to the New BAC/BIAC Fee Schedule
August 20, 2019

On 19 July 2019, Beijing Arbitration Commission a.k.a. Beijing International Arbitration Center (the “BAC/BIAC”) released its amended Arbitration Rules (the “Rules”) and Fee Schedule (the “Fee…

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