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China Arbitration

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

Mayer Brown

The Dawn of Ad Hoc Arbitration in Mainland China: A Real Possibility?

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Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration. This form of arbitration is widely recognised for its...more

Sheppard Mullin Richter & Hampton LLP

Highlights of the Draft Amendment to the Arbitration Law of China

Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more

K&L Gates LLP

Australia-China Cross-Border Commercial Disputes – Where Should They be Resolved?

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Following efforts by the Australian and Chinese governments to improve bilateral relations and restore trade in sectors significantly affected by COVID-19-era geopolitical tensions, we have seen a renewed interest in...more

Carlton Fields

Second Circuit Affirms District Court Order Confirming Chinese Arbitration Award

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In Huzhou Chuangtai Rongyuan Investment Management Partnership v. Qin, the Second Circuit Court of Appeals affirmed a district court order granting summary judgment confirming a Chinese arbitration award totaling...more

Morrison & Foerster LLP

HKIAC’s 2023 Statistics Reinforce Hong Kong’s Appeal As An Arbitration Hub

On 6 March 2024, the Hong Kong International Arbitration Centre (HKIAC) released its annual statistics for 2023. The numbers reaffirm Hong Kong’s position as a highly attractive center for international arbitration. In...more

A&O Shearman

Navigating the challenges in arbitrating competition law issues

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Once considered non-arbitrable, competition law disputes between private parties are increasingly being resolved by arbitration. Even where competition law issues are not at the heart of the dispute, parties are becoming...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

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On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

Mayer Brown

Cross-Border Transfer of Evidence from Mainland China under International Commercial Dispute Resolution Scenarios

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Cross-border transfer of evidence in litigation or arbitration proceedings is no longer innocuous in today’s world, with countries frequently at odds with each other over data security regulations. This was unexpected a...more

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

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The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

K&L Gates LLP

Arbitration in Asia Mini-series: The Shanghai Outlook

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As part of a mini-series exploring arbitration in Asia, Ian Meredith (K&L Gates, London) speaks with Dr. Mingchao Fan, the Executive Vice President of the Shanghai Arbitration Commission (the Commission), regarding...more

Latham & Watkins LLP

PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

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Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

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On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

White & Case LLP

Edition 4 of the AI Legal News Summer Roundup

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In this edition, key themes include creators and consumers seeking more control and protection over how their content is used to train AI models (whether under copyright law or privacy laws), and governments grappling with...more

White & Case LLP

BRI-Related Disputes: Broader Access to Interim Relief and Enforcement in Mainland China

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In 2018, the Supreme Peoples' Court established a "one-stop" international commercial dispute resolution mechanism (the "Mechanism"). The Mechanism, in short, allows parties to bring their commercial disputes before the China...more

Carlton Fields

Court Enforces Nine-Figure Chinese Arbitration Award, Finding Notice Requirements of New York Convention Were Satisfied

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The U.S. District Court for the Southern District of New York recently denied a motion to reconsider its prior confirmation of a “multihundred-million-dollar” arbitration award by a Chinese arbitration panel. In the...more

Faegre Drinker Biddle & Reath LLP

Arbitration Updates From China, Stockholm and the World Bank

In this continuation of updates on international arbitration trends in 2022, several additional arbitral institutions have published their annual reports, confirming a busy recovery year in the international arbitration...more

Morrison & Foerster LLP

Hong Kong Permits Outcome Related Fee Structures in Arbitration

On December 16, 2022, Hong Kong’s new regime permitting outcome related fee structures (“ORFS”) in arbitration and arbitration-related court proceedings came into force. This follows a recommendation for change by the Law...more

Paul Hastings LLP

HKIAC as First and Only outside Mainland China: Named by China International Commercial Court on One-Stop Platform for Diversified...

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Starting from June 22, 2022, parties to international commercial arbitrations administered by the Hong Kong International Arbitration Centre (“HKIAC”) can apply directly to the China International Commercial Court (“CICC”)...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Permanently Stays International Arbitration

Earlier this year, in In re New York State Dept. of Health (Rusi Tech. Co., Ltd.), Albany County Commercial Division Justice Richard Platkin issued a decision to permanently stay the arbitration before the China International...more

Linda Liu & Partners

Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively! (UPDATED)

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For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

Linda Liu & Partners

Hit by the lawsuit against WIPO domain name dispute decision in China? Respond actively!

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For domain name disputes, applying to WIPO Arbitration and Mediation Center for arbitration is a way that many foreign right holders are willing to choose because of its fast speed and low cost. If the respondent is a Chinese...more

Mintz - Arbitration, Mediation, ADR...

China’s New Intellectual Property Mediation Rules

In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

White & Case LLP

Beijing Court Upholds Arbitration Clause Designating Non-Existent Arbitral Institution

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Case – Sichuan Daiyalan Trading v Hong Kong New Wish Electronics - In Sichuan Daiyalan Trading v Hong Kong New Wish Electronics (Fourth Intermediate People's Court of Beijing, 19 March 2021), the Court upheld an...more

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