Pinsent Masons’ Post

Hong Kong Arbitration Week 🌏 Navigating Global Regulatory Shifts in the Asia Pacific:🌏 In an era marked by significant geopolitical changes, the implications of US regulatory policies and sanctions are reshaping the landscape of dispute resolution across the Asia Pacific region. What to Expect: 🔍 Increased Disputes? Discover if there’s been a rise in disputes linked to these global shifts. 🔍 Value of Legal Expertise: Learn how lawyers can enhance client strategies in navigating complex regulatory challenges. 🔍 Actionable Insights: Gain practical strategies to pre-empt, mitigate, and resolve dispute risks in this evolving environment. 📅 Date: Wednesday, 23 October 2024   🕒 Time: 14:30 – 16:30   📍 Venue: Pinsent Masons, 50F, Central Plaza, Wanchai   📑 Registration link: https://lnkd.in/eKUsjrHY On behalf of Young ITA and my Asia Co-chair Angelia Thng, I will be moderating and commenting the panel discussion with Su Mien Tee (Kobre & Kim) We are delighted to have our panelists: 🗣 Alex Yong Hao, Partner, JunHe LLP, New York 🗣Dr. Zhijin （Donna） Huang, Director, Arbitration and ADR, North Asia, ICC Arbitration, Shanghai 🗣Mohammed Talib, Partner, Pinsent Masons, Hong Kong 🗣Sherlin Tung (董希琳) Tung, Partner, Withersworldwide, Hong Kong Many thanks to our cosponsors: Pinsent Masons ICC Arbitration YAAF and China International Economic and Trade Arbitration Commission (CIETAC) #HongKongArbitrationWeek #DisputeResolution #AsiaPacific #Geopolitics #RegulatoryPolicy #InternationalArbitration #LegalInsights #CrossBorderBusiness

𝐂𝐡𝐢𝐧𝐚'𝐬 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐍𝐞𝐭𝐰𝐨𝐫𝐤 𝐁𝐨𝐨𝐦𝐬, 𝐇𝐚𝐧𝐝𝐥𝐢𝐧𝐠 𝐌𝐢𝐥𝐥𝐢𝐨𝐧𝐬 𝐨𝐟 𝐂𝐚𝐬𝐞𝐬 In a remarkable display of progress, China's arbitration landscape is experiencing unprecedented growth. With 282 arbitration institutions now established nationwide, the country is rapidly becoming a powerhouse in alternative dispute resolution. 𝐊𝐞𝐲 𝐡𝐢𝐠𝐡𝐥𝐢𝐠𝐡𝐭𝐬: • Over 5 million cases handled to date • Total case value exceeding ¥8 trillion or approximately $1.13 trillion • There was involvement of parties from more than 100 countries and regions This growth reflects China's commitment to building a credible and effective arbitration system. The country is not resting on its laurels, however. Efforts are underway to revise the arbitration law, aligning it with advanced international standards and enhancing provisions for foreign-related arbitration. In addition, the development of international commercial arbitration centers is also gaining momentum. In 2023 alone, eight pilot institutions handled 79,000 cases valued at ¥600 billion, showcasing China's increasing role in global dispute resolution. Looking ahead, China aims to further enhance the credibility of its arbitration system by: 1.) Improving operational mechanisms of arbitration institutions 2.) Strengthening oversight of both institutions and personnel As the global arbitration landscape evolves, these developments in China present both opportunities and challenges for international businesses and legal practitioners. At THAC, we're committed to helping you navigate the changing dynamics of international arbitration. Our expertise spans various jurisdictions, ensuring you're well-prepared for disputes in emerging markets like China. Credit: https://lnkd.in/eEM_nW_C . For more information on how THAC can assist with your arbitration needs in this evolving landscape, visit https://lnkd.in/gcbwmt86 #THAC #Arbitration #ChinaArbitration #DisputeResolution #InternationalTrade #LegalInnovation

On 1st August 2024, Secretary-General of Asia Pacific International Arbitration Chamber ("APIAC") Hong Kong Arbitration Centre, Ms. LI Xinyi, cast a visit to Liberty Chambers and presented the Certificate of Appointment (of its Panel of Arbitrators) to Foster Yim. We look forward to more collaborations between APIAC and Liberty Chambers. #arbitration #panelarbitrator #libertychambers #asiapacific #singapore #internationalarbitration

Chinese enterprises setting up overseas are navigating a minefield of legal challenges, making effective dispute resolution through arbitration more crucial than ever, according to legal experts. The emerging frontier of international arbitration to mediate contract risk for Chinese companies – fuelled in part by Beijing’s Belt and Road Initiative – not only tests Chinese firms’ legal capacity but also requires Beijing to proactively safeguard China’s economic adventurers, they said. Read more: https://lnkd.in/gEUbKCdH #beltandroadinitiative #china #internationalarbitration

Join the upcoming SIAC China Conference 2024, organized by Singapore International Arbitration Centre, supported by Maxwell Chambers, 上海仲裁委员会 Shanghai Arbitration Commission, SHIAC and Singapore Institute of Arbitrators (SIArb) ! Don't miss this opportunity to network with industry professionals and gain insights into navigating the complexities of arbitration in today's dynamic legal landscape. Register now and secure your place at this essential event! #arbitration #arbitrator #internationallaw #disputeresolution #internationalarbitration #China

Pre-empting enforcement is vital to arbitration strategy. As part of the fourth edition of Global Arbitration Review's Guide to Challenging and Enforcing Arbitration Awards, we have contributed a chapter focusing on Hong Kong. The chapter offers practical know-how to award creditors and debtors facing the prospect of enforcement-related proceedings. This includes consideration of: 🔹 arrangements in place between Mainland China and Hong Kong to facilitate the enforcement of arbitral awards between the two jurisdictions; 🔹 the impact of the PRC’s new Foreign State Immunity Law, which came into force on 1 January 2024 and widens enforcement prospects against foreign states; 🔹 the requirements for seeking the set aside, recognition, or enforcement of arbitral awards in Hong Kong courts; 🔹 the level of scrutiny applied to substantive and procedural issues; 🔹 the impact of annulment proceedings at the seat of arbitration; 🔹 the availability of interim measures to assist enforcement; and 🔹 methods by which assets can be identified and attached. A copy of our chapter is available below, and the whole publication, with useful reports from many other jurisdictions, is available at: https://lnkd.in/gXVyZa3R #arbitration #internationalarbitration #enforcement #hongkong #disputeresolution

China-MENA Arbitration Summit set for September 26 in Beijing. The China-MENA Arbitration Summit 2024, set for September 26 in Beijing, will bring together legal experts to discuss innovative solutions and arbitration frameworks, fostering stronger economic ties between China and the Middle East. https://lnkd.in/eKPcVQND #china #arbitration #summit #arbitration2024 #mena #trade #arbitrationlaw #chinaarbitration #beijinglegal #arbitrationtalk #summitnews UNCITRAL: United Nations Commission on International Trade Law #chinamena #tieconference #chinaeconomy Newswire PR Cision PR Newswire MENA Newswire

[#PAW2024] Day 3 – Rajah & Tann Asia was delighted to be the first Asian-based law firm to participate in the Paris Arbitration Week and host a seminar on “The Rise of Arbitration in Asia”.   Asia has become one of the world’s most important arbitration regions. Singapore is ranked alongside London as the most-preferred arbitration seat. Hong Kong is third. Among arbitral institutions, Singapore International Arbitration Centre is second, and the HKIAC third, among most-popular arbitral institution. China International Economic and Trade Arbitration Commission (CIETAC) is ranked fifth.   During the last decade, the arbitration in Asia seems to have caught up with the leading and well-established arbitration seats elsewhere. Asian arbitral institutions have also started to take on a leading role through a number of innovations. Nowadays, developments in Asia tend to have broader implications on the global dispute resolution landscape.     With the increase in cross-continental transactions and investment, particularly between Asia and Europe, a deeper understanding of the legal framework, practical differences, and cultural issues can only enhance our roles as stakeholders in the industry.    The esteemed panel of experienced arbitration specialists included Kelvin Poon SC, Chuan Thye Tan SC, Dr. Vanina Sucharitkul, FCIArb and Tianyu MA from Rajah & Tann Asia, Mariel Dimsey from CMS, Michael Polkinghorne from White & Case LLP, Bernard Hanotiau from Hanotiau & van den Berg, and Christine Artero from The Arbitration Chambers.   Key topics discussed during the panel: 👉 Factors behind the growth of arbitral hubs in Asia and the success of their institutions 👉 Challenges of dispute resolution in cross-cultural contexts 👉 Outlook of international arbitration in the Asian region and the expected wider impact   #arbitration #disputeresolution #Asia #SoutheastAsia #RajahTannAsia #RTA #LawyersW

China has tried to demonstrate that they are open for business by introducing its own Arbitration system. This article gives a comprehensive overview of this, with the an evaluation of whether inroads have been made with regards international business trust in it. Was pleased to contribute my thoughts on why I think China’s Arbitration system is not an attractive option as there is still no clear separation between State Security measures and economic activity. https://lnkd.in/guRx-C_v

The jury is still out because court was never in session. “Chinese law” is almost oxymoronic. China has no truly domestic legal tradition that has remained intact. Partly because for much of China's history the Emperor was the law. Like Japan a century earlier, China began adopting various elements of several different European legal codes. But these were disjointed and piecemeal. This was often done to appear democratic and deferential to due process while advancing core interests of the ruling government. In the late 20th and early 21st centuries China began grafting on certain elements of western common law practices, mainly in the area of business law to try and entice more western businesses into doing business in China. But these actions have only made Chinese law look even more like Frankenstein's monster. Then take what little due process actually remains and remove it with the CCP's centralized control of the judiciary. And add to that Chinese "legal scholars" citing to "jurists" like Carl Schmitt, often called "Hitler's Lawyer," to claim the legal superiority of authoritarianism over liberal constitutionalism. What is left cannot even be called "due process" or justice.    #chineselaw #law #dueprocess #china