Region: China

Shanghai court refuses to enforce SIAC sole arbitrator's award

A court in Shanghai has refused to enforce a SIAC award on the grounds that the Singapore institution's use of an expedited procedure with a sole arbitrator breached the parties' agreement that disputes would be resolved by a three-member tribunal.

30 August 2017

US court hears challenge to SIAC "gag order"

Japanese electronics company Sharp has asked a US court to block a SIAC emergency arbitrator's confidentiality order prohibiting public discussion of an arbitration with a Chinese licensee - which it says breaches its right to free speech under the US Constitution.

16 August 2017

Beijing court enforces HKIAC goldmine award

An Australian mining company has won enforcement in Beijing of an HKIAC award against a Chinese company over a breached share purchase agreement relating to a South African gold mine.

27 July 2017

Mongolia prevails on narrow reading of Chinese treaty

A tribunal at the Permanent Court of Arbitration has thrown out a claim by three Chinese state-owned enterprises against Mongolia, marking the first time a state has prevailed on a “narrow” reading of an expropriation clause common to around 70 bilateral investment treaties signed by China.

07 July 2017

Hong Kong court appoints receivers to “hold the ring” ahead of CIETAC case

Amid a “scramble for control” of a cement producer, the Hong Kong Court of First Instance has appointed receivers over shares in a Chinese investment company ahead of a CIETAC arbitration to determine their rightful owners.

06 July 2017

Chinese crown immunity plea fails in Hong Kong

A Chinese state-owned enterprise cannot assert the common law doctrine of crown immunity to prevent execution of an arbitral award against its assets in Hong Kong, the territory’s courts have ruled.

12 June 2017

Hong Kong court enforces arbitration clause in roadbuilding dispute

Hong Kong’s high court has ruled that a CIETAC arbitration clause does apply to a multi-contractual dispute over a roadbuilding project in mainland China.

12 April 2017

Minority shareholders denied “pot of gold at end of arbitral rainbow"

A Vancouver court has denied an attempt by two minority shareholders in a Canadian oil company to enhance their rights to the potential award in a US$1.8 billion UNCITRAL claim against China National Petroleum Corporation through a derivative action.

04 April 2017

Shenzhen launches rules to assist negotiation

Alongside its new arbitration rules, the Shenzhen Court of International Arbitration (SCIA) has unveiled new rules aimed at facilitating negotiations to settle disputes – to be applied immediately in a dispute over the renovation of a shantytown worth billions of Chinese renminbi.

19 December 2016

Beijing Arbitration Commission (BAC)

Featured in Guide to Regional Arbitration (volume 6 - 2018)

08 November 2016

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