Hong Kong & China

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

Leave a Comment

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

Hong Kong’s top court clarifies mental element in money laundering offence

In the recent case of HKSAR v Pang Hung Fai (FACC 8/2013), the Court of Final Appeal (the CFA) offered, for the first time, authoritative guidance on the mental element of “having reasonable grounds to believe” under section 25(1) of … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, Sanctions

PCA–Hong Kong Host Country Agreement anticipates increase in disputes involving States in Asia

At a ceremony in Beijing on 4 January 2015, representatives of the Permanent Court of Arbitration (PCA) and the Central Government of the People’s Republic of China signed a Host Country Agreement and a related Memorandum of Administrative Arrangements to … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, News

Australia and China conclude free trade agreement

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade agreement that has been under negotiation since April 2005. The agreement will now be prepared in … Continue reading

Leave a Comment

Filed under Asia, Australia, Hong Kong & China, News

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

Leave a Comment

Filed under Hong Kong & China, Investment Arbitration

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

Leave a Comment

Filed under Boundaries and Delimitation, East Asia, Hong Kong & China, UNCLOS

China-Taiwan Bilateral Investment Protection Agreement: dispute resolution mechanisms exclude international arbitration

On 9 August 2012, after two years of negotiation, Mainland Chinese and Taiwanese negotiators signed the Cross-strait Bilateral Investment Protection and Promotion Agreement (“IPA“).  The IPA is expected to promote cross-strait economic exchanges, and to attract more Mainland Chinese investors … Continue reading

Leave a Comment

Filed under Hong Kong & China, Investment Arbitration

Privy Council rules on the liability of State-owned corporations for debts of the State

On 17 July 2012, the Privy Council gave judgment in a case brought by FG Hemisphere, a Delaware corporation, against La Générale des Carrières et des Mines (“Gécamines“), a mining company owned by the Democratic Republic of Congo (“DRC“). The … Continue reading

Leave a Comment

Filed under Advice on State Contracts and Disputes, Asia, Europe, Hong Kong & China, Sovereign Immunity/State Immunity

Trilateral Investment Agreement signed by China, Japan and South Korea

On 13 May 2012, China, Japan and South Korea signed the Agreement among the Government of Japan, the Government of the Republic of Korea and the Government of the People’s Republic of China for the Promotion, Facilitation and Protection of … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, Investment Arbitration

Upcoming Webinar: Investment protection in China and India – an update on best practice and developments

On Thursday 3 May 2012 at 12.45pm (UK time) Herbert Smith will be delivering a webinar entitled ‘Investment protection in China and India – an update on best practice and developments‘. The panel will discuss the following topics: Dispute resolution … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, India, Investment Arbitration, News