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Xu Zhihe, Li Tingwei (Shanghai International Arbitration Center) for Shanghai International Arbitration Center (SHIAC)
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)) for CIETAC Hong Kong Arbitration Center
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, 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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Wei Sun (Zhong Lun Law Firm)
Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures: Interpretations from a Mainland China Perspective - Part I
July 24, 2019

Introduction On April 2, 2019, the Supreme People’s Court (“SPC”) and the Department of Justice (“DOJ”) of the Hong Kong Special Administrative Region (“HKSAR”) signed the Arrangement Concerning…

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Wei Sun (Zhong Lun Law Firm)
Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures: Interpretations from a Mainland China Perspective - Part II
July 24, 2019

In Part I of this post I discussed how the Arrangement excluded ad-hoc arbitration and how it raised certain issues on jurisdiction of the courts. In Part 2, I discuss other aspects of the…

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Tiange "Tim" Chen (The George Washington University Law School)
ISDS As a Means of Addressing Challenges for the BRI in Central Asia
July 05, 2019

Background Since its announcement in 2013, China has invested more than US $120 billion into the target countries along the Belt and Road Initiative (“BRI”) on infrastructure projects ranging from…

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Tereza Gao (Arnold & Porter Kaye Scholer LLP), Edison Li
PRC Courts' Stance on Requests to Stay Enforcement Proceedings Pending Challenges at the Seat of Arbitration
July 02, 2019

Introduction In international arbitration, winning an award is not the end of the story.  Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s)…

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Alyssa King (Queen's University Faculty of Law)
Pearl River Delta Blues: Extradition and Hong Kong’s Position as Arbitral Seat
June 16, 2019

After facing one of the largest protests in the city’s history on June 9, and then repeated protest and clashes with police last Wednesday, the Hong Kong government suspended efforts to pass its…

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Sue Hyun Lim (Kim & Chang)
Chinese Court Recognizes and Enforces a KCAB Award: A Closer Look at the Jurisdictional Decision
June 12, 2019

Introduction In March 2019 China’s Tianjin 1st Intermediate Court (“Tianjin Court”) rendered a decision dated 4 March 2019 (2018 Jin-01-Xie-Wai-Ren No. 1), granting an application for recognition and…

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Madhav Kumar (CIETAC Hong Kong Arbitration Center) for CIETAC Hong Kong Arbitration Center
The Role of Hong Kong as a Dispute Resolution Hub in the Greater Bay Area
April 29, 2019

On 18 February 2019, the Outline Development Plan for the Guangdong – Hong Kong – Macao Greater Bay Area (the “Outline”) was published. Seen to rival the city clusters formed around San Francisco,…

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