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 favoured nation (MFN) clause did not succeed. The Tribunal came to this conclusion at an … Read more
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 the Organized and Serious Crimes Ordinance (Cap 455) (the OSCO). Read more
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 provide facilities and support services in Hong Kong for PCA-administered dispute resolution proceedings. The Government … Read more
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 both English and Chinese for signature by the parties, after which the agreement will go … Read more
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 about the claims, which are reported to arise from the alleged actions of the provincial … Read more
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 the East China Sea called Senkaku in Japan, Diaoyu in the People’s Republic of China … Read more
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 into Taiwan and vice-versa. Given the sensitivity of cross-strait relations (China does not recognise Taiwan … Read more
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 judgment develops the law on the liability of state-owned corporations for debts owed by the … Read more
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 Investment (“Trilateral Investment Agreement“). The Trilateral Investment Agreement is the first legal framework between the … Read more
