（一）与诉讼相比，通过仲裁方式解决纠纷的特点
仲裁是一种通过非诉讼的手段解决民商事纠纷的方式。由于世界通行的现代仲裁制度是为适应市场经济和国际经贸往来迅速发展的需要，弥补诉讼制度之不足而建立、发展起来的，因而它具有一定的特点和优势。主要体现在以下几个方面：
1、灵活性
在仲裁中，当事人可以根据自身的情况来选择仲裁机构、仲裁员、仲裁地点和适用的实体法，甚至选择仲裁的时间。特别是可以考虑仲裁员的经验、阅历、职称、学历、品行素养、仲裁水平等诸多方面在仲裁名册中自由选择自己信任的仲裁员。
Continue Reading 诉讼还是仲裁？– 跨国公司争议解决方式的选择
By Huang Tao King & Wood Mallesons’ Dispute Resolution Group
The fast growth of China’s economy has gotten more and more foreign enterprises to invest in Mainland China. Foreign investors need to establish a local presence Chinese, for example, a representative office, a branch, a subsidiary, or a joint venture so that they can do business in China. As the business ties between China and the rest of the world strengthen, the number of China-related business disputes has been increasing.
Arbitration is one of the most favored international business transaction dispute resolution mechanisms because it is convenient, efficient, and the cross-border enforceability of arbitration awards tends to be higher than court judgments.
Continue Reading The Validity of Arbitration Agreements under Chinese Law
一、在仲裁地对裁决提出异议
相对于执行程序，争议解决的过程中获得一个令人满意的仲裁裁决相对容易一些，但即使裁定胜诉方获得经济赔偿，败诉方却拒绝支付时，胜诉方需要采取进一步措施以真正获得赔偿。其间每一个步骤都意味着败诉方可能会拒绝或延期支付。
即使执行程序开始之前，裁决债务人仍有机会阻止裁决债权人采取救济措施：对仲裁裁决提出异议的常见的方式是向仲裁委员会所在地的法院申请撤销裁决。Continue Reading 我能否在此饮茶在别处享用我的点心—-已被撤销的仲裁裁决能否在其他管辖中得以执行？
By Ariel Ye and James Rowland King & Wood Mallesons’ Dispute Resolution Group
I. Challenging the award in the place of arbitration
Achieving a favorable arbitral award is sometimes the easy part of the dispute resolution process. Where the successful party is awarded money damages and the unsuccessful party resists payment, the successful party will still need to take further steps to actually obtain the money awarded. Each step will present the unsuccessful party with another opportunity to resist or delay payment.
Even before arriving at enforcement proceedings, there is a threshold opportunity for the award debtor to prevent the award creditor from securing its remedy: by challenging the award, usually in an ‘action to set aside’, before the national courts in the place of arbitration.Continue Reading Should Arbitral Awards That Have Been Set Aside Be Enforced in a Different Jurisdiction?
By Liu Xiangwen and Xu Xianhong King & Wood Mallesons’ Dispute Resolution Group
International commercial disputes have an extensive scope, involving matters such as international sale of goods, mergers and acquisitions, private equity investments, and construction. The so-called international commercial dispute resolution cases dealt with by Chinese lawyers means those related to China and foreign countries, the main factors of which occurred either in China or in other countries. Due to the main characteristic of cross-border issues, international commercial dispute resolution is distinguished from domestic dispute resolution.
In the past, the parties in international commercial activities paid less attention when choosing options for dispute resolution, which were indicated by the fact that there were often no dispute resolution clauses in their contracts, or even where there were such provisions, they were poorly drafted. This situation has improved substantially according to recent cases we have dealt with.Continue Reading Options for International Commercial Dispute Resolution
国际商事争议的范围很广，涉及国际货物买卖、并购、PE投资、工程建设等诸多领域。但是简言之，中国律师所处理的“国际商事争议”，指的是同时具备中国和外国因素的商事争议，其主要事实可能发生在中国国内，也可能发生在国外。由于其跨国性的基本特点，国际商事争议的解决方式与国内争议有明显的区别。
在处理案件的过程中，我们发现国际商事活动的当事人越来越重视争议解决方式的选择，之前在合同中没有争议解决条款或者争议解决条款不规范的情况有所改观。Continue Reading 刍议国际商事争议解决方式的选择
By He Wei King & Wood Mallesons’ Dispute Resolution Group
I. Introduction
Although Chinese enterprises are often engaged in disputes arising out of international fertilizer transactions, generally a large number of these enterprises are struggling, since they are unacquainted with international dispute resolution mechanisms, and the numerous highly technical issues that are involved in relevant international sale contracts. However, in January 2009, a Chinese fertilizer company obtained the first ever victory in offshore arbitration, in which expert witnesses played an important role.Continue Reading The First Victory for PRC Fertilizer Enterprises in Offshore Arbitration
一、 前言
由于不熟悉国际贸易争议解决机制，并且国际化肥买卖合同中往往涉及诸多专业性较强的技术问题，很多中国企业在解决此类国际贸易纠纷时举步维艰。然而，2009年1月，中国某化肥类企业首次在境外仲裁中取得胜诉。在该案中，专家证人的证言成为决定性因素。Continue Reading 首例中国化肥业”走出去”案件在境外仲裁中取得胜诉
By Meg Utterback and Linda Davinson King & Wood’s Dispute Resolution Group
On January 1, 2012, the new International Chamber of Commerce (ICC) Arbitration rules (the "new ICC rules") came into effect (the last major revision of the ICC rules occurred in 1998). As international arbitration continues to grow in popularity with the rise of cross-border commercial disputes, the international dispute resolution centers have been keen on competitively addressing the new business needs of our global marketplace. The rules of various institutions over the last decade have become increasingly sophisticated, blending common and civil law systems to give rise to non-country specific forums to resolve international disputes.Continue Reading New Year, New Rules for ICC Arbitration including Comparison of ICC, SIAC and HKIAC
By Huang Tao and Dai Yue of King & Wood’s Dispute Resolution Group
Lacking knowledge of and exposure to China’s judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to specify becomes a sensitive and important aspect of contract negotiations for wholly foreign owned entities ("WOFE") and cooperative joint ventures ("CJV").
Continue Reading Forum Shopping in China: CIETAC vs. UNCITRAL
