Hong Kong & China

CMAC opens its Hong Kong Arbitration Centre

The China Maritime Arbitration Commission (CMAC) inaugurated its Hong Kong Arbitration Centre on 19 November 2014, its first centre outside Mainland China. The inauguration ceremony was coupled with an international maritime arbitration seminar, to discuss latest trends in maritime arbitration … Continue reading

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China sued by South Korean property developer at ICSID

This week, a South Korean property developer (“Ansung”) became the second ever investor to request ICSID arbitration against the People’s Republic of China (“PRC”) (Ansung Housing Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/14/25)). Little is known … Continue reading

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Filed under Hong Kong & China, Investment Arbitration

The Chronicles of Insigma: the Latest Instalment

Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following years of proceedings in several fora, which left Alstom Technology Limited (“Alstom”) with a HK$261 million award but … Continue reading

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Filed under Asia, Awards, Enforcement, Hong Kong & China

The Longlide case and its impact, or non-impact, on Sino-foreign arbitration clause drafting

For almost a decade, the validity of arbitration clauses that subject a Sino-foreign contract dispute to arbitration before a foreign arbitration institution, but with a seat in China,[1] has been controversial. Many practitioners and commentators believe, for a variety of … Continue reading

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Filed under Arbitration clauses, Arbitration rules, Asia, Hong Kong & China

Chinese Supreme People’s Court issues five-year reform plan to enhance judicial independence

Background The Supreme People’s Court of China (“SPC“) issued its fourth five-year reform plan for courts on 9 July 2014.   The reform is one of the top priorities of President Xi Jinping’s administration, and has the stated aim of strengthening … Continue reading

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“Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” – 6th edition now available

Herbert Smith Freehills has published the 6th edition of our popular guide “Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” (also known as the “Dragon Book”) The guide is aimed principally at multinational companies negotiating China-related commercial contracts. … Continue reading

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Filed under Arbitration clauses, Asia, Hong Kong & China

Hong Kong court dismisses claim against HKIAC

In yet another example of robust judicial support for arbitration in Hong Kong, the Hong Kong Court of First Instance has dismissed a claim brought against the HKIAC by a party to an HKIAC administered arbitration. The plaintiff in the … Continue reading

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Filed under Arbitration laws, Arbitration rules, Arbitrators, Hong Kong & China

Global Law and Business – Arbitration of M&A Transactions: A Practical Global Guide

Herbert Smith Freehills disputes experts have authored two regional chapters in the Global Law and Business Arbitration of M&A Transactions: A Practical Global Guide. The firm’s Head of Dispute Resolution, Asia and Japan Managing Partner Peter Godwin, and Tokyo-based trainee … Continue reading

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Filed under Arbitrability, Arbitration laws, Confidentiality, Enforcement, Hong Kong & China

Herbert Smith Freehills wins China award as Dispute Resolution International Law Firm of the Year

Herbert Smith Freehills has again won the title of “Dispute Resolution International Law Firm of the Year – Hong Kong & China” at the Chambers and Partners Awards ceremony held in Hong Kong on 17 February 2014. The awards reflect … Continue reading

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Herbert Smith Freehills’ Justin D’Agostino appointed to the HKIAC Executive Committee

We are pleased to announce the appointment of Justin D’Agostino to the Hong Kong International Arbitration Centre (HKIAC) Executive Committee.   In advance of the HKIAC’s 30th anniversary and following the recent revision of the HKIAC Administered Arbitration Rules (see … Continue reading

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