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Tag: Dispute digest

Settling disputes arising from guarantee system

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

Tips for safely navigating international air services disputes

The special clause for institutional arbitration between the parties should prevail over the general clause in the Master Agreement

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

Understanding payment process for HKIAC arbitrations

It is important to understand this payment process, the consequences of failing to pay, and the refund process in the event of withdrawing from arbitration

Applying denial of legal personality in arbitration

There is still no unified understanding of whether the claim of 'denial of legal personality' could be arbitrated

Establishing international DR mechanism under RCEP

This year’s milestone activation of the Regional Comprehensive Economic Partnership (RCEP) gives full play to enhancing economic growth and integration of the region

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

Arbitration case study of aviation tech dispute

In this case, the claimant company specialises in aviation-related technology and the respondent supplies general technical service

Power of attorney and property ownership

The Supreme Court in a recent ruling has held that when an agent under a power of attorney is in possession of an immovable property, the possession is that of the principal owner

Arbitrating financial leasing transactions in the energy sector

New energy projects tend to require a large amount of capital for development and construction, and that makes them a natural match for financial leasing, which is easier to apply for than bank loans

International summary procedures: what, how and why

Summary procedures in international arbitration have started to gain popularity in recent years, finding their way into the arbitration rules of major arbitration institutions

Handling disputes over convertible bonds trading

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

Emergency cross-border arbitration run by CIETAC HK

According to section 22A of the Hong Kong Arbitration Ordinance, parties are entitled to conduct emergency arbitrator procedures under the adopted institutional arbitration rules prior to constitution of the arbitral tribunal

Decree holders ‘not same as financial creditors’

The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors

Arbitral awards bound by contract

The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties

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