East Asia

Japanese Supreme Court deals with issues relating to an arbitrator’s duty to disclose

Under Article 18(4) of the Japan Arbitration Act (“JAA“), arbitrators have an ongoing obligation to disclose circumstances which may give rise to justifiable doubts as to their impartiality or independence. In the latest judgement in a series of appeals relating … Continue reading

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Filed under Arbitrators, Asia, East Asia, Independence

SPC publishes new judicial interpretations on arbitration

The Supreme People’s Court of China (SPC) has released two judicial interpretations (Interpretations) on arbitration. The Interpretations were passed on 20 November 2017 and 4 December 2017. The texts of both were made public on 29 December 2017 and became … Continue reading

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Filed under Arbitration laws, Asia, Court intervention, East Asia, Enforcement, Hong Kong & China

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

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

EU – Japan Economic Partnership Agreement announced

On 6 July 2017 the EU and Japan announced an agreement in principle on their Economic Partnership Agreement (“EPA“).  The scale of this agreement is eye-popping: once in effect the EPA will cover nearly 40 percent of all goods exports, … Continue reading

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Filed under Asia, East Asia, EU, Europe, ISDS, News, Trade Agreements

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