在仲裁中，仲裁庭作出终局的仲裁裁决，意味着双方当事人提交仲裁处理的实体法律关系有了最终的、具有约束力的判断，一般也意味着纠纷中有了赢家和输家。在这种情况下，当事人还愿意通过和解解决争议的，少之又少。但在争议标的金额巨大，双方当事人仍有合作的需要和愿望的情况下，达成和解对双方当事人都是非常明智的选择。在2011年，我们就成功办理了两起在境外仲裁裁决作出后，双方当事人通过自愿协商达成和解的案件。
两起案件的基本情况如下：Continue Reading 境外仲裁裁决作出后的和解
confidentiality
Post-Award Settlement for International Arbitration
By King & Wood Mallesons on
Posted in Dispute Resolution
By Zhang Shouzhi Hu Ke and Xu Beibei King & Wood Mallesons’ Dispute Resoution Group
A final arbitral award is the final and binding conclusion of the substantial dispute submitted to arbitration by the parties. It defines the winner and the loser of the game. In few occasions would the parties be willing to settle their disputes after an award has been rendered. However, settlement is still a wise choice when the disputed amount is huge, and the parties still have the will.
In 2011, we assisted 2 separate clients in negotiating amicable settlements after the arbitral awards were rendered in offshore arbitrations. We provide below a brief description of the two cases:Continue Reading Post-Award Settlement for International Arbitration
Attorney-client Privilege: Extended to Foreign Lawyers in China?
By King and Wood on
Often, when Chinese lawyers deal with foreign-related cases they see the term "attorney-client privilege" in the foreign lawyer issued legal opinions and memorandums. Furthermore, many foreign lawyers would like to know if their communication with the Chinese lawyers they work with is provided the same amount of protection as their communication with their clients.
Black’s Law Dictionary defines attorney-client privilege as a client’s right to refuse to disclose, and to prevent anyone else from disclosing, confidential communications between him or her and his or her attorney. This privilege prevents attorneys from disclosing their communications with their clients. Furthermore, this protection prevents any other party, including, the attorney from using any information that could be considered "attorney-client privilege" as evidence in a litigation. However, there are exceptions. For example, an attorney has a duty to disclose privileged information if the disclosure is related to criminal activities. The attorney-client privilege was established to encourage honest communication between an attorney and his or her clients. This opportunity for honest communication will reduce the chance that a client will intentionally or unintentionally engage in an illegal activity due to ineffective communication with his or her attorney.
Gui Hongxia and Li Xiang of King & Wood’s Dispute Resolution Group
Continue Reading Attorney-client Privilege: Extended to Foreign Lawyers in China?