“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
Arbitration and Litigation
Pre-Arbitration Asset Preservation in Mainland China for Hong Kong Seated Arbitration: HKIAC Practices Explored
1. Introduction
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…
Reappraisal of Fork in the Road Clauses: Shifting the Emphasis from Formalism to Substantialism
“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…
AnJie Broad International Commercial Dispute Resolution NEWSLETTER
I. AnJie Broad’s News on Int’Commercial Dispute Resolution
- AnJie Broad Partners An Shouzhi, Wan Jia, and Wu Shanshan Listed on the First Legal 500 Arbitration Powerlist China 2023
Recently, the Legal 500, an internationally renowned and authoritative legal rating agency, announced the first Arbitration Powerlist China 2023. With extensive practical experience in the field of
Overview: Recognizing and Enforcing Foreign Arbitral Awards in China
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 …
The Supreme People’s Court held that an arbitration agreement is invalid since it provides foreign arbitration while the dispute has no foreign element.
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…
Upholding your Arbitration Clause Against an Insolvent Debtor
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…
Seeking the Truth: Four Approaches which may allow you to question Witnesses in Chinese Proceedings, and Why It matters
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…
Guidelines for Document Production in China & the CIETAC Guidelines on Evidence
Arthur Dong and Darren Mayberry
Eventually, civic life requires everyone to produce documents for inspection and approval. As individuals, we need to submit documents in connection with a new bank account, health insurance, job applications, enrollment into an institution of higher learning, occupational licensing, and evaluation for loans. Companies and organizations may have even more …
What’s all the Fuss about the Prague Rules?
Arthur Dong and Darren Mayberry
Machiavelli infamously instructs his Prince that “one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved.”[1] Machiavelli ultimately wanted several disputes resolved, and Renaissance Italy thereby united. The Prague Rules pertain…