By Meg UtterbackDaisy Mallett, Holly Blackwell, James McKenzie, Josephine Lao, and Ma Xiao.

China has been at the forefront of a number of recent developments in the dispute resolution space. One notable development is the announcement by the China International Economic and Trade Arbitration Commission (CIETAC) of its new rules governing the arbitration of international investment disputes (Rules) and the CIETAC Investment Dispute Resolution Centre in Beijing (CIETAC IDRC), the default centre to administer those Rules. According to CIETAC’s Secretary-General, the Rules seek to “fill the gap” between Chinese commercial and investment arbitration rules and develop and promote the international investment arbitration practice in China[1].
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By Louise England and Long Dong King & Wood Mallesons’ Dispute Resolution Group

Prior to the China International Economic and Trade Arbitration Commission (CIETAC) Guidelines on Evidence (Guidelines) coming into effect on 1 March 2015, CIETAC tribunals relied on a combination of the Arbitration Law of the People’s Republic of China

By Zhang Shouzhi  He Wei  Chen Jun and Hu Ke   King & Wood Mallesons’ Dispute  Resolution & Litigation Group

張守志何薇On November 14, 2014, China Council for the Promotion of International Trade revised and adopted the China International Economic and Trade Arbitration Commission Arbitration Rules (2015) ( the “2015 Arbitration Rules”), which revised the China International Economic and Trade Arbitration Commission Arbitration Rules (2012) ( the “2012 Arbitration Rules”, effective as of May 1, 2012). The 2015 Arbitration Rules shall go into effect as of January 1, 2015.
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By Ariel Ye and Liu Yuwu King and Wood Mallesons’ Dispute Resolution Group

Background

On September 24, China International Economic and Trade Arbitration Commission (“CIETAC”) launched its Hong Kong Arbitration Center (“the Center”) as its first branch outside mainland China. This is a significant step taken by CIETAC in its plan to expand globally.

CIETAC, established in 1956, is the dominant arbitration institution in mainland China and one of the main arbitration institutions in the Asian-Pacific region. For Chinese enterprises, CIETAC is their first choice for an international arbitral institution due to historical and practical reasons.
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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.
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作者:黄滔 金杜律师事务所争议解决

近几十年来,随着中国经济的快速发展,越来越多的外国公司选择在中国大陆(“中国”)投资,投资方式包括设立代表处、分支机构、子公司、合营(合作)企业或者与中国公司建立贸易纽带。中外经济合作加强也使涉及中国因素的争议在近几十年内迅猛增加。

由于其便利、高效的特点以及裁决跨境执行力的日益增强,仲裁已成为涉外合同中最受欢迎的争议解决机制之一。尽管如此,在某些情况下,即使当事人同意将彼此之间的争议提交仲裁,由于对仲裁条款的效力存在争议,最终也只能将争议提交法院解决。另外,考虑到不同的国家及地区的法律对仲裁协议或条款的效力或执行力存在不同要求,已经及将要在中国开展业务或和与中国公司或个人进行商业往来的企业及商人应对此予以特别的关注。


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By Huang Tao and Dai Yue  King & Wood Mallesons’ 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 (“WFOE”) and cooperative joint ventures (“CJV”).

I.     Choice of Arbitration Tribunal

Contracts in which one party is a foreign entity will contain foreign elements, allowing the parties to choose their jurisdiction without restriction under PRC law. The parties to such a contract may decide at their discretion whether to choose an arbitration tribunal within China or in another country, or resort to ad hoc arbitration to resolve disputes.


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作者:黄滔  戴月 金杜律师事务所争议解决

由于对中国司法制度和仲裁制度的陌生或偏见,外国公司在订立合同时对争议解决条款的关注大大高于其它条款。而在争议解决条款中,它们最为关心的问题之一则是仲裁机构和仲裁规则的选择。在决定选择恰当的仲裁机构及仲裁规则前,外国公司应考虑下列法律问题。

一、仲裁机构的选择

在合同主体一方为外方的情况下,该合同由于具备了“涉外因素”,因而可以自由选择国内机构、国外机构或国外临时仲裁作为争议解决手段。中国法律对此均无禁止性规定。


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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.


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作者:刘相文 徐献宏   金杜律师事务所争议解决

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。


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