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Tag: Arbitration

International arbitration v cross-border litigation: The pros and cons

By Hu Hongwei and Tan Shaoxuan, Dacheng Law Offices

Arbitration: reins tighten on judicial intervention

A fundamental principle of India’s arbitration law is to have limited judicial intervention in the process

A regional comparison of arbitration landscapes: India

By Ila Kapoor, Shruti Sabharwal and Surabhi Lal, Shardul Amarchand Mangaldas & Co in New Delhi

A regional comparison of arbitration landscapes: Hong Kong

By Samuel Wong, Edward Ng and Thomas Yeon, 18LC

A regional comparison of arbitration landscapes: Philippines

By Jose Martin R Tensuan, Antonio Eduardo S Nachura Jr and Maria Celia H Poblador, ACCRALAW

Determining penalties in live-streaming contract disputes

This article takes a dispute over a certain live-streaming contract as an example to showcase how the amount of penalties in such cases is determined in arbitration

Hughes Hubbard adds Ho Yichin as China practice co-chair

Ho Yichin joins Hughes Hubbard & Reed as a partner in the litigation and arbitration practices in the firm’s Los Angeles office and will also be China practice co-chair with Christine Kang

Limitation clock still runs despite settlement talks

By Sneha Jaisingh and Abraham Fernandes, Bharucha & Partners

Court ruling legitimises third-party funding

Delhi High Court has finally paved the way for third-party funding in India

Pursuit of parity

With a South Korean committee for women arbitrators firmly in place, we seek expert views on the way forward for arbitration in the country

When arbitration suits the court

An April 2023 decision by a division bench of the Supreme Court of India has held that arbitration is the appropriate method of deciding whether a development agreement can be lawfully cancelled

Protecting IP and intangible assets in Taiwan

By Brian Hsieh, Monica Wang and Jane Wang, Formosa Transnational

Commercial dispute mechanism for foreign investment in India

By Harshit Anand, Kamaljeet Singh and Harshil Mehta, AP & Partners in New Delhi

The dispute redressal mechanism in India is a well-established system with multiple options for the resolution of disputes

No arbitration for time-barred issues

The Bombay High Court, in Shriram EPC Ltd and Anor v Gaja Trustee Co Pvt Ltd, held that it would not be right for the court to foist unwarranted arbitration on the parties when clearly on the facts the cause was a dead letter

No disqualification when arbitrator assists on unrelated matter

The Bombay HC ruled that an arbitrator's acceptance of a brief from a law firm representing a party in an arbitration won't disqualify them if it's unrelated to the case

Constitution bench decision will impact progress of arbitration

After delivering a pro-arbitration judgment in the case of NN Global Mercantile Pvt Ltd v M/s Indo Unique Flame Ltd and Ors, the Supreme Court referred the case to a constitution bench of the court to resolve conflicting decisions of equal standing

International arbitration expert strengthens Rajah & Tann

International arbitration expert Vanina Sucharitkul joins Singapore’s Rajah & Tann as a partner in the firm’s regional international arbitration practice

Fees to please: Flexible and innovative fee structure for Hong Kong arbitration

With an increasing demand for TPF, the authors are optimistic that the current third-party regime will serve as an important access to justice

Validity of arbitration agreement from case filing perspective

By Tian Bin, Langfang Arbitration Commission

HK enforcement of mainland judgments, arbitral awards

By Lam Sek Kong and Vivien Li, Guantao Law Firm

Arbitration aspirations

As Hong Kong reopens its borders, Mariel Dimsey, secretary-general of the Hong Kong International Arbitration Centre, explains her plans to enhance the city’s reputation as a leading dispute resolution hub

Tests for apparent bias in international arbitration

By R Govin and Ang Yong Tong, Gurbani & Co

When doubt arises over an arbitrator’s impartiality, case law provides options to assess the appearance of bias, but some ambiguity may remain

Recent developments in Hong Kong’s arbitration landscapes

By Ng Jern-Fei QC, Danny Tang, and John CK Chan, Temple Chambers

A pro-arbitration approach has solidified Hong Kong’s status as a leading arbitration hub and centre of legal excellence

Stratage hires Lexicon lawyer

Ameya Deosthale has joined Stratage Law Partners as an associate partner in the dispute resolution practice

Dispute resolution risks for overseas investment

Chinese enterprises should fully understand the risks of overseas investment and formulate countermeasures to protect their own interests

CFAs add to Singapore’s legal hub status

By Vikram Nair and Avinash Pradhan, Rajah & Tann

JILA supports energy arbitration forum

Masako Takahata, vice president of the Japan In-House lawyers Association, lent her speaking expertise to the inaugural webinar of the Japan chapter of the Energy Related Arbitration Practitioners

Understanding and applying articles of CISG

By Xu Zhihe and Li Tingwei, SHIAC

Shareholder disputes cannot exclude right to arbitration

By Kelvin Poon and Avinash, Rajah & Tann

Burning ambition

By Luna Jin

CIAC jurisdiction over construction disputes in the Philippines

By Wang Jihong and Zhao Huiqi, Zhong Lun Law Firm

HKIAC option to fast-track arbitrations

By Hu Sicen, HKIAC

Reciprocity is key for recognition of foreign judgments

By Zhang Guanglei and Chen Cheng, Jingtian & Gongcheng

Smoke clears over arbitration in trademark disputes

By Manisha Singh and Shreyashi Mazumdar, LexOrbis

Draft amendment a big leap for China arbitration 

By Helen Shi, International Court of Arbitration of the International Chamber of Commerce

Non-signatories can be compelled to arbitrate

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

Investment risks and opportunities in Angola

By Catarina Levy Osório, João Francisco Cunha and Frederico de Távora Pedro, ALC Advogados

Arbitration gets support in validity and fraud challenges

By Sonam Gupta, Sneha Jaisingh and Saloni Gupta, Bharucha & Partners

India shifts its focus in maritime arbitration

By Gautam Khurana and Pankaj Kapoor, India Law Offices

Enforcing foreign awards involving only Indian parties

By Karthik Somasundram and Sneha Jaisingh, Bharucha & Partners

Determining authenticity on electronically signed contracts

By Zheng Lucai, CIETAC South China Sub-Commission

Exploring new models of regional IP arbitration

By Wang Gongjing, Langfang Arbitration Commission ; Wang Zhengzhi, Global-law Law Firm

How to draft effective arbitration clauses

By Jiang Fengtao, Hengdu Law Firm

Recourse right of sureties under contracts in Civil Code

By Cheng Xiao, Beijing Arbitration Commission/Beijing International Arbitration Center

Choosing a venue for arbitration

By Denning Jin, Han Kun Law Offices

Evolving doors

No rewards for challenging awards in post-hearing stage

By Shweta Bharti and Shantanu Malik, Hammurabi & Solomon

Overlap between insolvency code and arbitration law

By Charanya Lakshmikumaran and Puneeth Ganapathy, Lakshmikumaran & Sridharan

Arbitration interim measures: Mainland-HK co-ordination (part 2)

By China International Economic and Trade Arbitration Commission

Service of arbitration documents on foreign parties

By Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)
arbitration

Adding a little China wisdom

arbitration

A meeting of the ways

ADR for commercial disputes in China

By Quan Zhaohui and Mo Xinying, ETR Law Firm

Arbitrate, or petition for winding-up?

By Cheung Kwok Kit, Deacons

Connecting HK arbitrations to mainland interim measures

By Nick Gall and Chris Wong, Gall

Mutual assistance for interim measures in arbitration

By China International Economic and Trade Arbitration Commission

Asset management arbitration cases in China

By Zhan Ling, China International Economic and Trade Arbitration Commission

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