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Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of parties based in different jurisdictions who between them enter into a variety of related contracts. To save time and money, parties can seek to resolve all the issues in dispute in the same set of legal proceedings, rather than in many different, but related, proceedings. This has traditionally been done relatively easily in court proceedings. However it…

Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere. Emergency arbitration is considerably new and likely to remain a permanent part of the international arbitration landscape. Prior to the modern day emergency arbitration provisions, precursor emergency arbitration rules existed, such as the International Chamber of Commerce (ICC) Pre-Arbitral Referee procedure, as well as optional emergency arbitrator provisions in the rules of the American Arbitration Association. The emergency arbitration rules implemented in the Stockholm…

Recent developments China’s Supreme People’s Court (“SPC”) has clarified the jurisdiction of China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Economic and Trade Arbitration Commission (also known as the “Shanghai International Arbitration Center”) (“SHIAC”) and South China International Economic and Arbitration Commission (also known as the “Shenzhen Court of International Arbitration”) (“SCIA”). The SPC provides guidance by way of the Reply of the Supreme People’s Court to the Request of Shanghai High…

A v B Facts A (a PRC company) entered into a Development and Sales Agreement (“Agreement”) with B (a Cayman Islands company) for the joint development and sale of security solutions for various goods (the “ Products”). Under the Agreement, B was to pay the fees for the development of security products developed by A and purchase the Products. B complained about A’s poor performance and sought to recover the money paid to develop and…