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2019年9月3日 · Chinese Court’s New Approach to Interpreting the Validity of a Pathological Foreign-Related Arbitration Clause. Under China’s arbitration regime for foreign-related arbitration and international arbitration, the concept of a juridical seat is a statutory juncture where, in cases with no express agreement on the applicable law between the ...
2024年4月6日 · Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally. 1) These two seats share many similarities: they are both known for their arbitration friendly laws and courts, have adopted the UNCITRAL Model Law on International Commercial Arbitration (the “ Model Law ”) with modifications, and are ...
2022年10月28日 · In C v D, the Court of Appeal in Hong Kong held that the question of whether a pre-arbitration procedural requirement, such as negotiation, has been fulfilled or not is a question suitable for determination by an arbitral tribunal, i.e., a matter of admissibility.
2024年3月5日 · Article 16 of the PRC Arbitration Law provides that an arbitration agreement must contain three particulars, including a designated arbitral commission selected by the parties. Without this, an agreement is invalid by way of Article 18. In the decision, Anthony Chan J referred to Klöckner Pentaplast GmbH & Co KG v.
X Arb. tration betweenWHER. AS1. ]DOCUMENT PRODUCTIONDOCUMENTSThe Parties agree to be guided by the International Bar Association Rules on the Taking of Evidence in International Arbitration (2010) [“IBA Rules”] for the production. ollowing definition of document:“‘Document’ means a writing, communication, picture, drawing, program or ...
2016年11月7日 · The Tribunal determined that Singapore would be the place of the arbitration on the basis that it was a “more natural and logical” choice for a dispute between two parties in Asia and Australia, as well as for reasons of convenience, and the PCA’s Host Country Agreement with Singapore (the PCA being the appointing authority in the case).
2021年9月24日 · Benefits of the Arrangement. The panellists then discussed the impact of the Arrangement on parties’ business dealing, negotiation and choice of dispute resolution clause in a China-related contract.
