Category Archives: China

Case Update: A simplified approach to distinguishing between guarantees and bonds?

The English Court of Appeal has sought to re-establish in Wuhan Guoyu Logistics Group Co Ltd & Anor v Emporiki Bank of Greece SA, [2012] EWCA Civ 1629, a simpler and more streamlined test (presumption) for determining whether a so-called … Continue reading

Posted in Arbitration, China, UK | Tagged , , , , , , , | 1 Comment

Technology and Outsourcing Hot Spots (2): Governances and Change Control Procedures

Part 2 of our ongoing Technology and Outsourcing Hot Spots Series discusses issues relating to the performance of technology and outsourcing contracts. It examines governance and change issues including: Effective service descriptions; Effective cooperation between parties Variation orders and clauses; … Continue reading

Posted in Asean, China, India, Singapore, UK | Tagged , , , , , , , , , , , , , , , , | 4 Comments

Technology and Outsourcing Hot Spots (1): Pre-Contractual Negotiations

Part 1 of our technology and outsourcing hot spots series discusses some of the more relevant issues relating to pre-project scoping and in particular: the need to be explicit in setting out the scope of work; issues of marketing puff; … Continue reading

Posted in Asean, China, India, UK | Tagged , , , , , , , , , | 4 Comments

CIETAC Opens Arbitration Centre in Hong Kong

The China International Economic and Trade Arbitration Commission (CIETAC) has just established its Hong Kong arbitration centre on 24 September 2012. The Hong Kong centre is to be known as the CIETAC Hong Kong Arbitration Centre (CIETAC Hong Kong) and … Continue reading

Posted in Arbitration, Asean, China | Tagged , , , , | Leave a comment

Television Asia Plus: Astro v Lippo Article in October Issue

Our previous post on enforcement of arbitral awards based on the ongoing Astro v Lippo dispute in the Singapore courts has just been picked up by Television Asia and published (with minor amendments) in its October 2012 issue of Television … Continue reading

Posted in Arbitration, Asean, China, Indonesia, Malaysia, Singapore | Tagged , , , , , , , , , , , | Leave a comment

State Immunity – Attachment against State Property and the Commercial Activity Exception

In previous posts, we have explored the issue of enforcing arbitral awards against states and state owned enterprises and especially the issue of state/sovereign immunity which prevents proceedings being taken against a state or its assets. In Singapore, the position … Continue reading

Posted in Arbitration, China, Singapore | Tagged , , , , , , , , , , , , | 6 Comments

Astro v Lippo: Enforcement in Arbitration

The dispute between the Astro Group and the Lippo Group that was recently before the Singapore Courts highlights important lessons for parties with cross-border contracts and disputes as it demonstrates both the strengths as well as weakness of the enforcement … Continue reading

Posted in Arbitration, China, Malaysia, Singapore | Tagged , , , , , , , , , | 7 Comments

Arbitration News Update – (1) CIETAC Announcement on Shanghai and South China breakaway Sub-commissions; and (2) Joint Response by CIETAC Shanghai and South China

Arbitration agreements in respect of arbitrations seated in China (whether a domestic arbitration or a so-called foreign-related arbitration i.e. an arbitration in China with foreign elements) are required to stipulate the arbitration institution that will administer the arbitration. Failing to … Continue reading

Posted in Asean, China, Singapore | Tagged , , , , , , , , , | 3 Comments

Astro vs Lippo – An Overview

The Singapore High Court is currently hearing a dispute between the Astro Group and the Lippo Group as to whether a series of 5 arbitration awards that Astro has obtained against Lippo for a total sum of about US$300 million should be recognised … Continue reading

Posted in Arbitration, Asean, China, Singapore | Tagged , , , , , , , , , | 6 Comments

IBA Guidelines on Conflicts of Interest in International Arbitration

Nemo iudex in causa sua – no one should be a judge in their own cause. This precept would appear to be universal in all formal systems of law. In international arbitration, most arbitration rules (and certainly all the major … Continue reading

Posted in Arbitration, Asean, China, India, Singapore | Tagged , , , , , , , , , , , | 1 Comment