Tag: Dispute digest
Settling disputes arising from guarantee system
The guarantee system takes the realisation of creditors’ rights as the basic aim of legislation
Tips for safely navigating international air services disputes
The special clause for institutional arbitration between the parties should prevail over the general clause in the Master Agreement
Validity of arbitration agreements under designated agents
The validity of arbitration agreements involving persons without, or with limited, civil capacity, are becoming an increasing focus of arbitration institutions and tribunals
Understanding payment process for HKIAC arbitrations
It is important to understand this payment process, the consequences of failing to pay, and the refund process in the event of withdrawing from arbitration
Applying denial of legal personality in arbitration
There is still no unified understanding of whether the claim of 'denial of legal personality' could be arbitrated
Establishing international DR mechanism under RCEP
This year’s milestone activation of the Regional Comprehensive Economic Partnership (RCEP) gives full play to enhancing economic growth and integration of the region
Arbitrability for intra-company disputes
Intra-company disputes are usually resolved by courts in China, but the absence of special procedural rules in the Civil Procedure Law leads to time-consuming and laborious settlements
Arbitration case study of aviation tech dispute
In this case, the claimant company specialises in aviation-related technology and the respondent supplies general technical service
Power of attorney and property ownership
The Supreme Court in a recent ruling has held that when an agent under a power of attorney is in possession of an immovable property, the possession is that of the principal owner
Arbitrating financial leasing transactions in the energy sector
New energy projects tend to require a large amount of capital for development and construction, and that makes them a natural match for financial leasing, which is easier to apply for than bank loans
International summary procedures: what, how and why
Summary procedures in international arbitration have started to gain popularity in recent years, finding their way into the arbitration rules of major arbitration institutions
Handling disputes over convertible bonds trading
Convertible bonds generally refer to bonds issued by listed companies that are convertible into shares
Emergency cross-border arbitration run by CIETAC HK
According to section 22A of the Hong Kong Arbitration Ordinance, parties are entitled to conduct emergency arbitrator procedures under the adopted institutional arbitration rules prior to constitution of the arbitral tribunal
Decree holders ‘not same as financial creditors’
The Supreme Court has upheld a decision of the Tripura High Court by refusing to interfere with its judgment that decree holders cannot be treated the same as financial creditors
Arbitral awards bound by contract
The Indian Supreme Court has set aside an arbitral tribunal’s award for acting beyond the confines of a contract executed between parties