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Arbitration PRC

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
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

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

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

Hogan Lovells

Cross-border enforcement of judgments in Hong Kong and the PRC – a new dawn? Talking Point Asia – November 2022

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A wide-ranging mechanism allowing for reciprocal enforcement of judgments in mainland China and Hong Kong has come one stage closer with the gazetting on 4 November 2022 of the Mainland Judgments in Civil and Commercial...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs?

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Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration?...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series VI): Is third-party funding feasible?

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As mentioned in our previous article, the costs of commercial arbitration in Hong Kong are pretty high. Third-party funding, however, could be one of the possible solutions for companies to consider....more

Dorsey & Whitney LLP

International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?

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In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 2): Interim Measures Arrangement between Mainland and HKSAR and its Practical...

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On April 2, 2019, the Supreme People’s Court of the PRC and the Department of Justice of Hong Kong signed the “Arrangements concerning the Mutual Assistance in Court-Order Interim Measures in Aid of Arbitral Proceedings by...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

Dorsey & Whitney LLP

Hong Kong Mainland Cooperation in Arbitration Matters

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The advantages enjoyed by Hong Kong as a center for arbitration of commercial disputes involving parties in Mainland China have been further enhanced by new measures to strengthen the cross-border recognition and enforcement...more

BCLP

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

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Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

BCLP

HKIAC updates on the implementation of the Interim Measures Arrangement between Hong Kong and the PRC

BCLP on

HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland...more

BCLP

Implementation of the Interim Measures Arrangement between Hong Kong and the PRC in the first quarter – a look back at those who...

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The Hong Kong International Arbitration Centre, HKIAC, recently published information on its practice of processing applications under the interim measures Arrangement between Hong Kong and the PRC that came into operation on...more

BCLP

New Interim Measures Arrangement between Hong Kong and the PRC

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A new arrangement between the Hong Kong Government and the PRC Supreme People’s Court makes Hong Kong the first jurisdiction outside of Mainland China in which parties to institutional arbitration will have a clear procedural...more

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