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2020年7月17日 · Article 140 of the General Principles of Civil Law of the People’s Republic of China (the “ General Principles of Civil Law ”) provides that: “ [t]he limitation shall be interrupted if legal proceedings are commenced or if an interested party demands or agrees to fulfilment of its obligations.
2013年12月23日 · 2 Kluwer Arbitration Blog - 2 / 3 - 20.02.2023. Ltd & Anor (No 2) [2012] 1 HKC 491 in holding that, given that the parties had agreed to arbitration, applications by a party to set aside an arbitral award or to resist enforcement should be exceptional events. Where a party unsuccessfully makes such an application, the Court stated that it is ...
2021年9月9日 · Multi-tiered dispute resolution clauses – which typically require negotiation, mediation, and/or other form (s) of alternative dispute resolution (“ADR”) prior to submitting the dispute to binding arbitration – are ubiquitous, and a standard feature of complex construction contracts. Contrary to their intended function of ...
2020年9月12日 · Dr Ma Yi is the Vice Chairman and Secretary-General of the Shanghai International Arbitration Center (“SHIAC”) – SHIAC is also one of our Blog’s newest Permanent Contributors. Before joining SHIAC, he was actively involved in the growth of Shanghai’s legal scene as a Director at the Shanghai Municipal Bureau of Justice and the Deputy Secretary... Continue reading
2020年6月11日 · Article 47 sets out the types of documents that can be subject to a request for production. Such documents include: evidence to which a party has referred in court proceedings as being in its control; evidence created for the benefit the other party (i.e. the applicant); evidence that the applicant is legally entitled to access or obtain;
2021年5月20日 · On 21 April 2021, the CIArb’s London Branch hosted its annual Keynote Speech, which was held online this year. In her speech on “The Proper Law of the Arbitration Agreement”, Professor Dr. Maxi Scherer discussed the different approaches taken by jurisdictions worldwide in determining the law governing the arbitration agreement.
2020年8月6日 · In BBA and others v BAZ and another appeal [2020] SGCA 53, the Singapore Court of Appeal (“SGCA”), in refusing to set aside an arbitral award, held that issues of time bar which arise from the expiry of statutory limitation periods go towards admissibility and not jurisdiction. Such issues cannot therefore be reviewed de novo by ...
