International arbitration in Hainan has gained prominence in recent years due to China’s strategic development of the Province of Hainan as a free trade zone, a free trade port and, generally, an international business hub. Hainan is positioned to play a key role in handling commercial disputes, particularly within the context of cross-border investments and […]
Claiming Interest in Arbitrations in the Middle East
Sharia law shapes the legal frameworks in the Middle East. Traditionally, it was the primary uncodified source of law in the region. However, throughout the 20th century, many Middle Eastern countries developed their own Civil Codes, which continue to be rooted in Sharia principles. One of the key areas where Sharia law exerts substantial influence […]
Arbitration and Winding Up: Diverging Approaches
Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Multi-Tiered Dispute Resolution Clauses
Multi-tiered dispute resolution clauses are a common feature of modern arbitration agreements. Typically, these provide that the parties to a contract are precluded from bringing a dispute to arbitration until they have complied with certain prerequisite steps (the so-called “conditions precedent” to arbitration). However, despite their seemingly straightforward character, the enforceability of multi-tiered dispute resolution […]
Arbitrations and Related Cases Involving Rio Tinto
Arbitration is an important mechanism for resolving mining disputes, which are often complex, high-stakes disputes involving tens of millions of dollars or more. As a prime example of a company engaged in mining and associated controversies, Rio Tinto stands out. This British-Australian multinational corporation is among the largest metal and mining firms globally, and it […]