Asia

HERBERT SMITH FREEHILLS – SMU ASIAN ARBITRATION LECTURE 22 NOVEMBER 2017

Emeritus Professor Dr. Surin Pitsuwan: ASEAN’s role and opportunities in public and private dispute resolution The Herbert Smith Freehills – SMU Asian Arbitration Lecture Series was established in 2010 and was made possible by a term fund contribution by Herbert … Continue reading

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Fiji’s International Arbitration Act 2017

On 15 September 2017,Fiji passed the International Arbitration Act 2017 (the Act). The Act, which is based on the United Nations Commission on International Trade Law on International Commercial Arbitration 1985 (incorporating the 2006 amendments) (Model Law), implements Fiji’s commitments … Continue reading

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Filed under Arbitration laws, Asia, News, Uncategorized

China proposes dedicated “Belt and Road” court

Supreme People’s Court Monitor has published a highly informative article on proposals by the SPC relating to China’s”Belt and Road” initiative. These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt & … Continue reading

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Filed under Asia, Court intervention, DIFC, East Asia, Hong Kong & China, Uncategorized

PRC signs the Hague Convention on Choice of Court Agreements: a step forward in the resolution of cross-border litigation

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention).  The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose … Continue reading

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Herbert Smith Freehills hires three new projects and disputes partners in China

Herbert Smith Freehills has appointed three partners to its Mainland China team, specialising in projects and projects-related disputes. Hew Kian Heong is one of the leading international construction and infrastructure disputes lawyers in China, regularly acting for Chinese and international … Continue reading

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A tale of two BANIs – Uncertainties abound as latest court ruling questions legitimacy of Indonesia’s national arbitration centre

Overview Since its establishment in 1977, BANI (Badan Arbitrase Nasional Indonesia) has been the most active arbitral institution in Indonesia. With offices across the country, its own rules and procedures and over 100 Indonesian and foreign arbitrators on its list, … Continue reading

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Astro/First Media: Leave to appeal granted in Hong Kong enforcement proceedings

In the long-running Astro v First Media dispute, the Court of Final Appeal of Hong Kong (CFA) has granted First Media leave to appeal against the Court of Appeal’s decision refusing an extension of time to apply to set aside … Continue reading

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Filed under Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China

PRC Court refuses to enforce an SIAC award made under Expedited Procedure

The Shanghai No.1 Intermediate Court (the Shanghai Court) recently refused to enforce a SIAC award under Article V(1)(d) of the New York Convention, which provides that the award may be refused if “[T]he composition of the arbitral authority or the … Continue reading

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India related commercial contracts: dispute resolution and governing law clauses

Herbert Smith Freehills has published a new edition of its well-regarded Guide on dispute resolution and governing law clauses in India-related commercial contracts. The Guide is intended to assist in-house counsel who handle India-related commercial contracts on behalf of non-Indian … Continue reading

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Filed under Arbitration clauses, Asia, India, News, Publications and Guides

Taiwan’s CAA adopts new international arbitration rule

Taiwan’s Chinese Arbitration Association (“CAA“) has adopted new arbitration rules for arbitrations seated outside Taiwan. The Chinese Arbitration Association Rules, International (known as the “CAAI Rules“) came into effect on 1 July 2017 and are intended to apply to arbitrations … Continue reading

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