A Discussion of the Yukos Case Can the unsuccessful party challenge an arbitral award on the basis that an arbitral secretary was substantially involved? The Russian Federation argues “Yes” and applied in November 2014 to the District Court of The Hague to set aside the so-called Yukos awards. [1] The arbitral secretary in the Yukos case had devoted between 40 % and 70 % more time to the arbitrations than did any of the arbitrators.…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere.…
In an April 2015 decision, Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft MBH & CIE KG, 783 F.3d 1010 (5th…
In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court of Appeal held that it is constitutional to exclude the Court of Appeal from deciding whether to give permission to a losing party to appeal a decision of the Court of First Instance concerning its failed application to set aside an arbitral award. The implications behind this case is that only the Court of First Instance judge…
Recent developments China’s Supreme People’s Court (“SPC”) has clarified the jurisdiction of China International Economic and Trade Arbitration…
In large arbitration cases, skilled counsels fill hundreds of pages with factual and legal arguments in order to…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list of local and truly international arbitral institutions. In an earlier post, we have already examined if it makes a difference whether parties choose one arbitral institution or the other. In this blog post, we compile the latest statistics on the annual caseload of the institutions and we make a short analysis of the numbers. The institutions find…
A v B Facts A (a PRC company) entered into a Development and Sales Agreement (“Agreement”) with B…
Manila, Philippines, July 2015 — Quisumbing Torres’ (QT) Dispute Resolution Practice Group, headed by Donemark J.L. Calimon, hosted…
Note: The following article published by our Hong Kong Dispute Resolution Group discusses an important development in relation to legal professional privilege under Hong Kong laws. Arbitration practitioners and parties taking part in arbitration proceedings involving Hong Kong laws should be aware of the greater protection of legal professional privilege against disclosure of documents as clarified by the Court of Appeal in Hong Kong The recent judgment of the Hong Kong Court of Appeal offers…