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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – China

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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…

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In Asia-Pacific

Arbitration in Asia- an arbitration handbook for Russian in-house counsels

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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.

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In Asia-Pacific

Singapore Court of Appeal rules that “arbitration in Shanghai” naturally refers to arbitral seat

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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”)…

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In Applicable Law

Singapore Court determines proper law of arbitration clause

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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…

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