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2019年3月28日 · Professor Stern explained that two of the basic fundaments of ISDS arbitration are (1) parties’ consent to an arbitrator (whether directly or indirectly); and (2) the depoliticisation of disputes between host States and investors. A body of full-time ISDS judges could negate these crucial elements of the ISDS framework.
2021年7月13日 · Mainland Courts may order the applicant to provide. 2 Kluwer Arbitration Blog - 2 / 5 - 14.02.2023. security upon the application at this stage. The standard to preserve evidence is whether “the evidence is likely to extinguish or [become] difficult to obtain in the future.” (Article 81.1, CPL.) It is hard to draw a clear applicable ...
2016年2月11日 · It is true that the judiciary suggested, as early as 1997, that funding of arbitration proceedings may be permissible. However, the law on this issue remains woolly. Consistent with Hong Kong’s position as a leading international arbitration centre, the judicial authorities are reviewing the issue.
2021年9月10日 · 4 Kluwer Arbitration Blog - 4 / 5 - 28.02.2023. should be respected”. In Cui Ming (also discussed above), the court noted in dicta that failure to strictly observe the 30-day pre-filing negotiation period was an issue of validity of the arbitration agreement. That said, courts are in practice reluctant to give effect to time limits ...
2017年6月1日 · The Hong Kong High Court (“HKHC”), which heard the matter after the SGCA had rendered its judgment, (a) declined to extend time for setting aside the enforcement orders and judgment, and further (b) held that Lippo was precluded from resisting enforcement as its conduct constitutes a breach of the good faith principle under the New York Conventi...
2018年10月14日 · 3 Kluwer Arbitration Blog - 3 / 4 - 28.03.2023. If the witness can read English but is less able or confident with the spoken word, a real-time transcript will be extremely useful to help him or her (and likely the interpreter) to understand the questions more accurately. Cross-examining a Mandarin-speaking witness First and foremost, do not ...
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