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The Beijing Financial Court has recently upheld the validity of an asymmetric (or “unilateral option”) arbitration clause, determining that it did not constitute an impermissible “either arbitration or litigation” clause under the law of the People’s Republic of China (“PRC“). ((2022) Jing 74 Min Te No.4) Read more
The China International Economic and Trade Arbitration Commission (CIETAC) has published its 2022 statistics and 2023 Work Plan. In 2022, CIETAC saw continued growth in caseload and in the amount in dispute. The statistics also indicate an enhanced diversity in terms of types of disputes, geographical origins of parties, languages of arbitration, governing laws, and … Read more
The Supreme Peoples’ Court of the People’s Republic of China (SPC) has recently announced that the Hong Kong International Arbitration Centre (HKIAC) is to be included in the China International Commercial Court’s (CICC) “One-Stop” Platform for Diversified International Commercial Dispute Resolution (“One-Stop” Platform). According to the Rules of the Supreme People’s Court on International Commercial … Read more
Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a … Read more
Welcome to the thirteenth issue of Inside Arbitration. We are delighted to share with you the latest interactive issue of this publication from Herbert Smith Freehills’ Global Arbitration Practice. 2022 opened with continued uncertainty in the global fight against the Covid-19 pandemic. This has tested all of our resilience, which has never been a more … Read more
Herbert Smith Freehills invites applications for internships with the firm’s international arbitration group in Hong Kong. Five internship positions are available, each for three to four month periods (not extendable). Interns will work alongside our international arbitration team and will have a varied workload, including assistance with current arbitrations and other client work; arbitration-related research; … Read more
Shenzhen Intermediate People’s Court has ordered that an arbitral award made by Shenzhen Arbitration Commission (also known as Shenzhen Court of International Arbitration) be set aside on the ground that awarding damages in US dollars in lieu of crypto is against the public interest. (2018) Yue 03 Min Te No. 719 or (2018) 粤03民特719号 Background … Read more
Disruption, downturn and recovery tend to generate more disputes – and in Asia Pacific cross-jurisdiction operations and investments increase that risk. Our 2021 Guide to Dispute Resolution in Asia Pacific is your roadmap to potential problems in these fast-changing times, especially for those new to the region’s complex legal landscape. From the basics of each … Read more
On 23 December 2020, the Supreme People’s Court (“SPC”) of China released its bilingual 2019 Annual Report on Judicial Review of Arbitration Cases in China (the “Report”). It is the very first report issued by the SPC summarising the courts’ approach for judicial review of arbitration-related cases. The Report aims to promote the SPC’s efforts … Read more