East Asia

ICSID issues first award involving China as Respondent, finding in host state’s favour

In an award dated 9 March 2017, the Tribunal in an ICSID arbitration between Korean investor Ansung Housing Co., Ltd and China dismissed all claims as time-barred. The Claimant's attempt to circumvent the limitation period by relying on the most … Continue reading

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Filed under Asia, East Asia, Hong Kong & China, Investment Arbitration, ISDS, Public International Law

Our new Asia Disputes blog

We have today launched Herbert Smith Freehills’ new Asia disputes blog, Asia Disputes Notes, where you will find the latest updates on disputes related topics from across the Asian jurisdictions in which we operate (Hong Kong and Greater China, Southeast … Continue reading

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Filed under ADR, Asia, East Asia, Hong Kong & China, News, South East Asia

Sovereignty over Islands and Consequences for Maritime Boundaries: The Dispute over Senkaku/Diaoyu/Diaoyutai Islands

The last few weeks have seen anti-Japanese protests in almost a dozen Chinese cities.  Demonstrators took to the streets apparently in response to the latest developments in a long-standing dispute between China and Japan concerning a group of islands in … Continue reading

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Filed under Boundaries and Delimitation, East Asia, Hong Kong & China, Public International Law

Bilateral Investment Agreement signed between Iraq and Japan on 7th June 2012

A bilateral investment agreement or treaty (BIT) between Japan and Iraq was signed on 7th June 2012. This is the first BIT between Iraq and a major economy and is a significant and credible commitment by Iraq to the rights … Continue reading

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Filed under East Asia, Investment Arbitration, Public International Law

Med-Arb – an Alternative Dispute Resolution practice

The practice of combining the mediation and arbitration processes (referred to as “med-arb” below) is known as both “med-arb” and “arb-med”, depending on which process was initiated first. This process involves the same person acting both (i) as a mediator … Continue reading

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Filed under ADR, East Asia, New York Convention

Tokyo District Court refuses to find that an arbitral award is contrary to the morality or public policy of Japan

On 26 February 2010, the Tokyo High Court upheld the Tokyo District Court’s Decision No. 3 of 28 July 2009, refusing to overturn an arbitral award pursuant to Japan’s Arbitration Law of 2003 (the “Arbitration Law“). Article 44 of the … Continue reading

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Filed under Challenges to awards, East Asia

Korea Bilateral Comprehensive Economic Partnership Agreement: the most recent example of intra-Asian trade agreements

A growing number of Asian economies are looking to each other for trade and investment. This note takes a look at such a strategic trade partnership pact – the Comprehensive Economic Cooperation Agreement (the “CEPA“) entered into between India and … Continue reading

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Filed under East Asia, India, Investment Arbitration, Public International Law