As Chinese insurance companies expand their overseas operations, the frequency of insurance disputes in foreign jurisdictions has also increased. In addition to traditional litigations and institutional arbitrations, there are various alternative dispute resolution methods available for resolving international insurance disputes. One such method is arbitration under relevant rules of insurance industry association.
Recently, AnJie Broad…
—— Judicial Practice and Evaluation of the Impact of the “Implementing Measures for the Administration of Company Registration” on Removal Registration Disputes
In order to implement the new requirements for company registration stipulated in the newly revised “Company Law” and the “Provisions of the State Council on Implementing the Registered Capital Registration…
“Fork in the Road” (“FITR”) clauses, included in significant investment treaties, “provide that the investor must choose between the litigation of its claims in the host State’s domestic courts or through international arbitration and that the choice, once made, is final”.[1] Hence, the fork in the road clauses result in that…
For most plaintiffs and claimants, initiating dispute resolution process or achieving favorable judgment or arbitral award is not always the ultimate goal. The fundamental value of the dispute resolution process lies in obtaining the recoveries through such mechanisms. However, in international arbitration, which can often span several years, respondents may transfer their assets…
“Fork in the Road” (“FITR”) clauses, included in significant investment treaties, “provide that the investor must choose between the litigation of its claims in the host State’s domestic courts or through international arbitration and that the choice, once made, is final”.[1] Hence, the fork in the road clauses result in that…
I. Introduction
With international trade flows boosting, international commercial arbitration is becoming increasingly accepted among parties as an efficient means of resolving international economic and trade disputes, due to its confidentiality, flexibility, speed and enforceability. In the event of non-compliance with an arbitral award by the losing party, it is critical for the winning …
According to Article 271 of Civil Procedure Law of the People’s Republic of China (“PRC”), parties may submit foreign-related disputes to “foreign arbitration institutions” outside Mainland China (“foreign” here encompasses Hong Kong, Macau, and Taiwan, in terms of jurisdiction only). However, the statutory law of the PRC is silent on whether parties may…
Due to the COVID-19 epidemic, many observers are predicting an increase in claims relating to insolvency proceedings. Against the backdrop of the increasing prevalence of arbitration clauses and agreements governing commercial disputes, in 2021 courts are likely to face a growing number of claims at the intersection of both arbitration and insolvency law.
In the…
Arthur Dong and Darren Mayberry
Your day in court; Months of preparation. Millions on the line. But today your lawyers will finally press the other side’s evasive CEO / CFO / Low-level Lackey with the tough questions. And this time, there is no escape.
Or is there?
If the arbitration is in China, there can…
