We have recently posted two Asia-related arbitration updates on our arbitration blog relating to
The CIETAC split and the Chinese courts’ approach to enforcing awards rendered by SCIA and SHIAC
Since CIETAC announced on 1 August 2012 that it had suspended the authorisation of its Shanghai and South China (Shenzhen) sub-commissions to accept and administer arbitrations, there have been a number of developments.
The former Shanghai and South China sub-commissions have asserted that they have been approved and established by their respective municipal governments as independent arbitral commissions, and that they will continue to administer arbitrations. Each commission has introduced new rules and a new panel of arbitrators. Further, following in the footsteps of the Shenzhen Court of International Arbitration (SCIA) (previously the South China sub-commission), in April this year the Shanghai sub-commission announced its new names, alternatively the “Shanghai International Economic and Trade Arbitration Commission” or the “Shanghai International Arbitration Center” (SHIAC). SHIAC asserted that it would accept cases where the parties had agreed to refer disputes to CIETAC Shanghai.
However, there appears to be considerable doubt about whether such a designation would be a valid reference to arbitration administered by the Shanghai entity, particularly in light of a recent case before the Suzhou courts. Please click here to read more.
The coming into force of the New York Convention in Myanmar on 15 July 2013
As reported in an earlier post, on 16 April 2013 Myanmar deposited an instrument of accession with the Secretary-General of the United Nations, consenting to be bound by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). This is to report that the New York Convention will come into force in Myanmar on Monday 15 July 2013. Please click here to read more.