Due to its unique geopolitical situation, Taiwan is not a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). Nevertheless, Taiwan has developed an arbitration-friendly legal framework. Arbitration in Taiwan is governed by the Arbitration Law of the ROC promulgated on 24 June 1998 and effective as […]
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 […]
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 […]
The Relationship between International Investment Arbitration and Sovereign Debt Restructuring
Abstract: The two cases of Abaclat and others v. Argentina Republic and Ambiente Ufficio S.p.A. and others v. Argentine Republic have attracted much attention in the application of international investment arbitrationin sovereign debt restructuring. However, the relationship between the international investment law and the sovereign debt restructuring is complex and controversial, since the […]
Barotseland Challenges Zambia To PCA Arbitration
Our client, the Barotseland National Freedom Alliance, has challenged the Republic of Zambia to PCA arbitration in The Hague to settle the long-running dispute concerning the legal status of Barotseland, a former British protectorate, in a peaceful manner. Under the terms of a bilateral treaty signed in 1964 under the auspices of the United Kingdom, […]