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 […]
Third-Party Funding In Asia
Recently, a client asked whether third-party funding was legal in Asia. Jana Karam helpfully compiled the following information, which shows that third-party funding is permissible in the vast majority of jurisdictions, but not in China or Singapore, where it is clearly not allowed. Below is a review of the current status of third-party funding in […]
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default.
William Kirtley Interviewed By BBC Mundo Concerning Argentina Default. William Kirtley of Dugué & Kirtley AARPI has been interviewed by BBC Mundo with respect to whether the United States could be in violation of international law with respect to the recent rulings of New York district court judge Thomas Griesa, which threaten to push Argentina into default for the second […]
The Importance Of The Seat Of Arbitration
Choosing an appropriate “seat” or “place” of arbitration is critical. There are a few common misconceptions with respect to the seat. The seat need not be the same as the governing law of the contract, or be based in the same place as the chosen arbitral institution. Thus, there is no reason why a contract […]