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This article was first published in the China Business Law Journal, July / August 2016, Volume 7 | Issue 7 Improper service in arbitration proceedings has been commonly relied upon as a ground by PRC courts to set aside or refuse enforcement of arbitral awards made in China or overseas. What is less clear is when service is considered improper. PRC laws do not shed any light on the question. The rules of many arbitration…

Over the course of 2016, arbitral institutions around the globe have published their case load statistics for 2015. Like last year, Global Arbitration News has compiled the new case numbers from eleven arbitral institutions. They paint the following picture: the total number of arbitrations continues to grow. CIETAC and the ICDR continue to be the two leading arbitration institutions in the world as far as sheer numbers are concerned: 2012 2013 2014 2015 ICC[1]…

The new SIAC Rules 2016 (the “2016 Rules”) will now allow disputes to be consolidated or parties to be joined to an existing arbitration. Clearly unmeritorious claims and defences can now be dismissed at an early stage. Other changes have also been made to make SIAC arbitration a quicker and more efficient process. Key changes The 2016 Rules will come into effect on 1 August 2016. We summarise the key changes below. Consolidation and Joinder…

Parties entering into related contracts should carefully consider how future disputes ought to be resolved. This alert will look at a recent Hong Kong decision in Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin [2016] HKEC 532 (“Bluegold Case”) involving the construction of inconsistent dispute resolution clauses in related contracts. We will also discuss how to avoid jurisdictional disputes in this context, and associated cost and delay. The Bluegold Case The plaintiff, a BVI…