Dispute Resolution

The Hong Kong International Arbitration Center introduced a new version of its Administered Arbitration Rules (2018 Rules) which came into effect on November 1. The 2018 Rules introduces amendments relevant to the use of technology, third party funding, multi-party and multi-contract arbitration, among others. Alfred Ip of Hugill & Ip summarizes the newly enforced amendments.

JAMS has recently announced a collaboration with the Shenzhen Court of International Arbitration and the Shanghai Commercial Mediation Center; China may introduce legislation to establish a national IP court within the SPC; and China passes new laws to facilitate international judicial assistance.

The establishment of the Greater Bay Area along with the Belt and Road Initiatives brings with it ample business opportunities for lawyers. This article discusses the possible risks to consider when advising clients on BRI related projects, being prepared to mitigate these risks, as well as China's International Commercial Court as a viable option for dispute resolution in BRI cases.

China recently established a trademark office in Shanghai as a platform for local companies to safeguard their brands against foreign imitation; China International Import Expo, gathering 2,800 enterprises from 130 regions to set up a dispute tribunal within venue; and the SPC is on track with the government's campaign to eradicate gangsters and organized crimes.

Innovation lies in the heart of China’s efforts in developing its dispute resolution mechanisms as it strives to stay at the top of the game in international disputes, especially with One-Belt-One-Road Initiatives looming with endless possibilities of potential differences.

Clark Wang of Sir Oswald Cheung's Chambers, Hong Kong, discusses the key considerations lawyers should take into account when advising clients for divorces with cross-border elements on whether divorce proceedings should be heard in Chinese courts or in Hong Kong courts.

A 3-year limitation period is applied to civil law cases

By Dieter Gericke, Gregor Bühler, Felix Dasser, Marcel Dietrich, Martin Grod and Reto Heuberger of Homburger AG

As more U.S. and Chinese companies enter into business relationships, contractual arbitration provisions are becoming more important. Susan Leader, Brett Manisco, and Kristen Chin of Akin Gump Strauss Hauer & Feld consider the differences between US and Chinese litigation in court and private arbitration.

The Supreme People’s Court (SPC) 2017 Annual Report on Intellectual Property not only serves as guidance for the lower courts but also provides insight for predictable outcomes of future disputes.