By Ariel Ye and Liu Yuwu King and Wood Mallesons’ Dispute Resolution Group


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.
Continue Reading New Choice for Mainland-Related International Arbitration—Establishment of the China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center

By Monique Carroll, Huang Tao King & Wood Mallesons’ Dispute Resolution Group

‘Political risk’ in foreign investment is the risk that an investment will be adversely affected by a host country’s political or regulatory decisions. These political or regulatory decisions might result in unfavorable tax legislation, revocation of a business license or, nationalization or ‘expropriation’ of an investment by, for example, the direct or indirect taking of control over the investment by the government. For instance, earlier this year the Argentinean Government announced that it would assume ownership and control of YPF, Argentina’s biggest energy company. At the time, YPF was privately and partly foreign owned and controlled.  

Foreign investors can take steps to minimize exposure to political risk. These steps include structuring the foreign investment so that it falls within the protections provided by an investment treaty to which the host country is a party.
Continue Reading Arbitration as A Tool to Manage Political Risk in Foreign Investment

作者:Monique Carroll 黄滔 金杜律师事务所争议解决


Continue Reading 仲裁–控制外商投资中政策风险的工具

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

作者:黄滔 金杜律师事务所争议解决


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。Continue Reading 如何起草国际商事合同中的争议解决条款

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

作者:刘相文 徐献宏   金杜律师事务所争议解决


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