The China International Economic and Trade Arbitration Commission (the “CIETAC”) is the main permanent arbitration institution in Mainland China, but also one of the oldest and busiest arbitration institutions in the world. The CIETAC was established in April 1956. Originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International […]
Initiating Arbitrations Under Multiple Arbitration Agreements
The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]
COVID-19, Force Majeure and Arbitration
It seems certain that businesses will be preoccupied by COVID-19, force majeure and arbitration (or litigation) over the coming year. The present ability of businesses to fulfill their contractual obligations has been significantly impacted by the rapid spread of the new coronavirus, so-called COVID-19, which was officially declared a pandemic by the World Health Organization […]
Chinese Arbitration Framework
The Chinese Arbitration Framework within which the arbitration is conducted consists of the law, the judicial interpretation and international treaties. First, the laws adopted by the legislature, in particular the 1994 Chinese Arbitration Law, are the most important sources in relation to the Chinese Arbitration Framework, a copy of which is available below. Second, in […]
Investment Disputes: The Role of Third Party Funders
The Role of Third Party Funders in Investment Disputes In investment disputes, when the claimant decides to pull the trigger and bring forward, one can wonder what his options are to finance the arbitral proceedings. Claimants most often do not have much capital left and are in a distressed financial situation but their claims have […]