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Tag: Beijing International Arbitration Centre

Challenges posed by bankruptcy proceedings to arbitration

In the past few years, amid changes in the economic situation and accelerated adjustment of industrial structures, judicial practice of China’s insolvency laws

Resolving investigation, evidence collection dilemma of arbitration tribunals

Both commercial arbitration cases and their disputed amounts have skyrocketed across China in recent years

Arbitration of disputes over non-monetary debt contracts

Disputes arising from non-monetary debt contracts present unique challenges that require careful consideration from arbitrators

Application of deposit penalty rule

Practice and advice show courts are respecting the choices of contract parties when it comes to deposits – as long as there is a clear agreement on what the deposit is for

Rulings on claim for partial rescission of a contract

As a special form of commercial contract termination, partial rescission is a legal tool to protect the legitimate rights and interests of parties

Third-party funding blooms in Asia

By Mariana Zhong and Wu Ke, Hui Zhong Law Firm

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

Procedures in event of arbitration party’s death

Procedures in event ofarbitration party’s death

Defining administrative agreements for related disputes

Applying civil remedies for disputes related to the performance of administrative agreements is more in line with the essential legal relationship, which will have a more effective legal implementation

Distinguishing joint assumption of debt and guaranty in arbitration

To achieve the maximum protection for creditors’ interests in commercial transactions, it is common for a third party to assume liability for the debt

Introduction, implementation of dispute review in China

Dispute review has indeed resolved construction disputes rapidly and at low cost, but it has seen little action since its introduction in China

Going with the global flow: arbitration developments and practice

By Chen Fuyong, Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC)

Long roots, strong branches

What role will Hong Kong and Shenzhen arbitration play as the Greater Bay Area pumps up into a dynamic hub for all things commercial?

Online platforms’ data protection obligations under PIPL

In the big data era, online platforms process a large amount of personal information

Settling disputes arising from guarantee system

The guarantee system takes the realisation of creditors’ rights as the basic aim of legislation

Validity of arbitration agreements under designated agents

The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals

Arbitrability for intra-company disputes

Intra-company disputes are usually resolved by courts in China, but the absence of special procedural rules in the Civil Procedure Law leads to time-consuming and laborious settlements

Handling disputes over convertible bonds trading

Convertible bonds generally refer to bonds issued by listed companies that are convertible into shares

Professional sports deserve professional arbitration system

By Fu Xiangyu, Beijing Arbitration Commission/Beijing International Arbitration Centre

Burning ambition

By Luna Jin

Arbitration issues involving bankrupt enterprises

By Wang Chaoqi, BAC/BIAC

Reducing the risk of sham arbitrations

By Beijing Arbitration Commission/Beijing International Arbitration Centre

LATEST ON VANTAGE ASIA

Flow interrupted!

The central bank’s recent directive on the holdings of AIFs has created compliance trouble for banks, NBFCs

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Brains trust: Adjudicating private fund e-contracts

CITIC Securities top in-house lawyers discuss validity issues and trial rules that adjudicators can follow

Asia’s legal sector in 2024

2024: Spheres of influence

A slowing China, the rise in AI and global geopolitics all make for an interesting 2024 for Asia’s legal markets

Larson Maddox

Data Compliance Manager

Avoiding IP, monopoly risks in foreign distribution agreements

By Ding Xiaodi, Shanghai Pacific Legal

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Keeping watch on Data Privacy: Philippines

By John Paul M Gaba, ACCRALAW

Upgrading data breach prevention and response

By Kevin Duan and Hu Minzhe, Han Kun Law Offices
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Global compliance with data protection regimes

By Mathew Chacko, Aadya Misra, Ada Shaharbanu and Ritika Acharya, Spice Route Legal
Term-ahead contracts extensions

Extensions of term-ahead contracts

By Abhishek Tripathi and Rahul Bangia, Sarthak Advocates

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Compliance strategy

How consumer, retail companies can capture compliance and profits

By Quan Kaiming and Yuan Wei, AllBright Law Offices

Product-by-process claim lesson in appeal judgment

By Pravin Anand, Vaishali Mittal, and Siddhant Chamola, Anand and Anand

China’s role in global arbitration and international law

By An Shouzhi and Wang Pengxin, AnJie Broad

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