In an April 2015 decision, Asignacion v. Rickmers Genoa Schiffahrtsgesellschaft MBH & CIE KG, 783 F.3d 1010 (5th Cir. 2015), the U.S. Court of Appeals for the Fifth Circuit overturned a trial court decision that refused enforcement of a Philippine arbitral award on public policy grounds. Plaintiff Lito Martinez Asignacion (“Asignacion”), a citizen and resident of the Philippines, signed a contract to work as a seaman aboard a vessel owned by Defendant, German company Rickmers Genoa…
In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court…
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 persuade the arbitral tribunal. Only if counsel and client are completely convinced that their submission is “the best brief possible under the given circumstances” if not “the best brief ever”, it will ultimately be filed. But will the submission truly convince the arbitral tribunal? A German proverb says “The bait is for the fish to like, not…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
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 Arbitration 101: Tips, Tricks and Traps last 30 June. Through this event, QT provided representatives from a 29 organizations with an overview of arbitration as well as practical insights and discussions of key issues on and recent developments in arbitration, drafting of arbitration clauses, interim measures of protection and institutional arbitration. “Arbitration as an alternative to dispute…
Note: The following article published by our Hong Kong Dispute Resolution Group discusses an important development in relation…
The International Council for Commercial Arbitration (“ICCA”) has recently published a so-called “Drafting Sourcebook for Logistical Matters in…
The Philippines has declared it a policy “to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes”.[1] In recognition of this policy, the Philippine Supreme Court encourages the use of Alternative Dispute Resolution (“ADR”) mechanisms (particularly arbitration and mediation) in the resolution of disputes with the “greatest cooperation of and the least intervention from the courts”.[2] Interestingly, recent bills pending…