A. LEGISLATION AND RULES A.1 Legislation Mutual assistance in interim measures in aid of arbitral proceedings by the courts of the Mainland and the Macau Special Administrative Region On 24 February 2022, the Supreme People’s Court published the Arrangement Concerning Mutual Assistance in Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and the Macau Special Administrative Region (“Mutual Assistance Arrangement”). The Mutual Assistance Arrangement is largely the same as the…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Proposed Amendment to PRC Arbitration Law On 30 July 2021, China’s…
Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by…
We are happy to present to you Arbitration in Asia, an arbitration handbook for Russian in-house counsels. The publication, a collaboration with KIAP, Attorneys at Law, is written in the Russian language and discusses cultural specifics of arbitration in several Asian jurisdictions, including Cambodia, China, Hong Kong, India, Korea, Singapore, Thailand, Vietnam and the Philippines. It was launched via a webinar on 12 March 2021. The webinar can be viewed here.
CHINA Simon Hui and Hailin Cui A. LEGISLATION AND RULES A.1 Legislation A.1.1 Opening to foreign arbitration institution…
Introduction[1] In December 2019, the Singapore Court of Appeal (“SGCA”) in BNA v BNB ruled on the interpretation…
The Singapore Court of Appeal recently reversed the ruling of the Singapore High Court in BNA v BNB and Another ([2019] SGCA 84). It found that Shanghai, not Singapore, was the parties’ chosen arbitral seat and thus PRC law was the governing law of the arbitration clause. The decision of the Singapore High Court was earlier covered on Global Arbitration News, here. Brief background to the appeal The dispute arose out of a Takeout Agreement (“TA”)…
CHINA Hailin Cui A. LEGISLATION AND RULES A.1 Legislation Lingang Area of the Shanghai Pilot Free Trade Zone…
On 1 October 2019, the landmark arrangement between the Hong Kong Government and China’s Supreme People’s Court on…
In its recent decision in BNA v BNB and another [2019] SGHC 142, the Singapore High Court had to determine the law governing an arbitration clause in order to decide whether or not the tribunal in the arbitration lacked jurisdiction because the arbitration clause was invalid. The decision is a strong reminder for parties to give careful attention to the drafting of their arbitration clauses and to state their intentions clearly. Background The parties’ dispute…