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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2019-2020 – China

by 18 Mins Read

CHINA Hailin Cui A. LEGISLATION AND RULES A.1 Legislation Lingang Area of the Shanghai Pilot Free Trade Zone opens up to foreign arbitration institution On 8 November 2019, the Shanghai Bureau of Justice released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in the Lin-gang Special Area (Lin-gang FTZ) of the Shanghai Pilot Free Trade Zone (Administrative Measures), which came into force on 1 January 2020. The Administrative Measures sets out specific…

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In Asia-Pacific

First Emergency Arbitrator Proceedings in China and Enforcement in Hong Kong

by 9 Mins Read

In August 2018, the Beijing Arbitration Commission (“BAC”) closed its first arbitration case involving emergency arbitration procedures in China (“GKML Case”). This case, with the claimants represented by Baker McKenzie Fenxun, is significant in that it not only featured the first emergency arbitrator proceeding (“EA proceedings”) in China but also the enforcement of the emergency arbitrator order (“EA Order”) in Hong Kong, and therefore has set a precedent and example for future practices of similar…

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In China

SPC’s New Judicial Interpretations Strengthens Protection of Domestic Arbitral Awards

by 5 Mins Read

China’s Supreme People’s Court (“SPC”) recently issued two pieces of judicial interpretations, namely, the Provisions of the Supreme People’s Court on Certain Issues Related to the Conduct of Judicial Review of Arbitral Cases and the Provisions of the Supreme People’s Court on Certain Issues Related to the Reporting System of Arbitral Cases (collectively, “New SPC Interpretations”). The New SPC Interpretations became effective on 1 January 2018 and aim to strengthen the arbitration regime in China.…

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In Asia-Pacific

Developments on enforcement of arbitral awards

by 6 Mins Read

This article was first published in the China Business Law Journal, October 2016, Volume 7 / Issue 9. The Deputy Head of the Supreme People’s Court (SPC) Fourth Civil Division, Liu Jingdong, recently revealed that the SPC is considering applying the reporting system for the enforcement of international arbitration awards to domestic arbitration awards. If implemented, this move will unify the standards for judicial review of domestic awards and help reduce incorrect lower court decisions…

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