Timothy Blakely at Morrison & Foerster LLP

International Arbitration Update: Crystalizing Circuit Split, Second Circuit Refuses To Allow U.S. Discovery In Aid Of...

Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more

7/14/2020 / 28 U.S.C. § 1782 , Arbitration , Discovery , Foreign Arbitration Clauses , Foreign Tribunals , International Arbitration , Scope of Discovery Requests , Split of Authority

Hong Kong National Security Law Promulgated, Came Into Effect June 30, 2020

As widely reported, the Standing Committee of the National People’s Congress (the “NPC”) completed its deliberation of and formally promulgated the Law of the People’s Republic of China on Safeguarding National Security in...more

7/1/2020 / Hong Kong , Tariffs , Trade Relations , Trump Administration , Visas

Updated ICC Arbitration Procedures In Light Of COVID-19

COVID-19 has caused widespread disruption in the global economy and has created new obstacles in the usual course of dispute resolution. While most arbitration institutions continue to facilitate and adjudicate cases, they...more

6/10/2020 / Coronavirus/COVID-19 , E-Filing , Hong Kong International Arbitration Centre (HKIAC) , ICSID , International Chamber of Commerce (ICC) , LCIA , SIAC , Technology , Tribunals , Videoconference , Virtual Meetings

China’s Supreme People’s Court Issues Long-awaited Guidance On COVID-19 Related Civil Disputes

On April 20, 2020, China’s Supreme People’s Court (“SPC”) published its Guiding Opinion on Several Issues Concerning Proper Trial of Civil Cases Involving COVID-19 Pandemic (I) (“Opinion”). In this long-awaited Opinion, the...more

4/22/2020 / China , Coronavirus/COVID-19 , Employer Liability Issues , Risk Management , Workplace Safety

International Arbitration Update: Fourth Circuit Approves U.S. Discovery In Aid Of Foreign-Seated Private Commercial Arbitration,...

An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more

4/7/2020 / Arbitration , Arbitration Agreements , Arbitrators , Corporate Counsel , Hong Kong , International Arbitration

California Federal District Court For The First Time Approves Of U.S. Discovery In Aid Of Foreign-Seated Private Commercial...

In the United States, some jurisdictions permit discovery using 28 U.S.C. § 1782 (“Section 1782”) in support of private commercial arbitrations seated outside the United States, and some do not. Notably, the Second Circuit...more

3/10/2020 / Arbitration , Discovery , Dispute Resolution , International Arbitration

The Impact Of The COVID-19 Outbreak On PE Investors And Their Portfolio Companies In Asia – Part III

In Part I of this article, we discussed the possibility of PE investors, their portfolio companies, or their respective counterparties invoking material adverse change (MAC) or force majeure (FM) clauses to be relieved of...more

2/27/2020 / Coronavirus/COVID-19 , Force Majeure Clause , Infectious Diseases , Investors , Portfolio Companies , Private Equity

The Impact Of The COVID-19 Outbreak On PE Investors And Their Portfolio Companies In Asia – Part II

In Part I of this article, we discussed the possibility of PE investors, their portfolio companies, or their respective counterparties invoking material adverse change (MAC) or force majeure (FM) clauses to be relieved of...more

2/25/2020 / Coronavirus/COVID-19 , Infectious Diseases , Portfolio Companies , Private Equity , Public Health

The Impact Of The COVID-19 Outbreak On PE Investors And Their Portfolio Companies In Asia – Part I

The COVID-19 (the official name of the 2019 novel coronavirus) outbreak is likely to have an effect on the PE landscape in Asia and on anyone with interests in Asia. In this three-part article, we examine how PE buyers,...more

2/21/2020 / Coronavirus/COVID-19 , Force Majeure Clause , Infectious Diseases , Investors , Portfolio Companies , Private Equity

Viewing Contract Performance During The New Crown Period From The Perspective Of Mainland China And Hong Kong Viewing Contract...

The outbreak of a new coronavirus has severely hampered business activities in mainland China and has had a ripple effect across Asia and elsewhere. As a result of the outbreak, companies in mainland China, Hong Kong, and...more

2/12/2020 / China , Contract Terms , Force Majeure Clause , Infectious Diseases

Contract Performance In The Time Of Coronavirus: Perspectives From Mainland China And Hong Kong

The coronavirus outbreak has severely hindered business activities in mainland China, with ripple effects throughout Asia and beyond. As a result of the outbreak, companies in mainland China, Hong Kong, and other places in...more

2/7/2020 / China , Contract Terms , Corporate Counsel , Force Majeure Clause , Hong Kong , Infectious Diseases

PRC Supreme People’s Court Announces that Arrangement Between the Mainland and Hong Kong on Interim Measures in Aid of Arbitration...

On September 26, 2019, the Supreme People’s Court announced that a previously announced arrangement between Hong Kong and Mainland China on interim measures in aid of arbitration will take effect from October 1, 2019 (the...more

9/26/2019 / Arbitration , China , Hong Kong , Interim Measures , International Arbitration , Supreme People's Court of China

Corruption Perceptions Index 2018: Public Sector Corruption in Asia-Pacific Still a Problem with China and Vietnam Dropping...

On January 29, 2019, Transparency International (“TI”) published its annual Corruption Perceptions Index (“CPI”) for 2018, a survey which ranks perceptions of public sector corruption in 180 countries and territories...more

2/1/2019 / Anti-Corruption , China , Foreign Corrupt Practices Act (FCPA) , Public Sector , Vietnam

China's New Anti-Corruption Agency Will Wield Broad Powers

On March 20, 2018, China's legislature passed the Supervision Law, granting extremely broad investigative powers to a new anti-corruption agency – the National Supervision Commission (“NSC”) – established by constitutional...more

3/22/2018 / Anti-Corruption , China , Constitutional Amendment , Foreign Corrupt Practices Act (FCPA)

Asian International Arbitration Centre 2018 Rules Come Into Force

On March 9, 2018, the Asian International Arbitration Centre (AIAC) unveiled its 2018 Arbitration Rules, which became effective immediately. The new rules update and replace those issued in June 2017, before the AIAC changed...more

3/15/2018 / Arbitration , International Arbitration , UNCITRAL

SIAC’s Annual Report 2017: SIAC Reaching New Audiences with Introduction of Innovative Arbitration Procedures

On March 7, 2018, the Singapore International Arbitration Centre (“SIAC”) released its annual report for 2017. The highly anticipated report provided insight into the first full calendar year since the SIAC introduced the...more

3/13/2018 / Arbitration , International Arbitration , SIAC , Singapore

PRC Court Recognizes a U.S. Court Judgment for First Time Based on Principle of Reciprocity

On June 30, 2017, the Wuhan Intermediate People’s Court (the “Wuhan Court”) issued a decision recognizing and enforcing a civil money judgment issued by the Los Angeles Superior Court arising out of a contractual dispute (the...more

9/11/2017 / China , Civil Monetary Penalty , Corporate Counsel , Reciprocity Rules