Sat, 14 Dec 2024 China Legal Trends CJO Staff Contributors Team
In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.
Tue, 12 Nov 2024 China Legal Trends Meng Yu 余萌
In 2016, a Chinese local court in Shandong recognized and enforced an arbitral award from the International Cotton Association(ICA) in the case of Olam International, setting a clear standard for assessing public policy under the New York Convention.
Tue, 05 Nov 2024 China Legal Trends CJO Staff Contributors Team
In 2023, Chinese courts processed over 16,000 commercial arbitration cases, achieving a 5.11% set-aside rate, a 95.73% support rate for preservation (interim measures) cases, and a 92% recognition and enforcement rate for foreign arbitral awards, highlighting its pro-arbitration approach.
Thu, 31 Oct 2024 China Legal Trends CJO Staff Contributors Team
In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.
Wed, 03 Jul 2024 China Legal Trends CJO Staff Contributors Team
In March 2024, the Beijing Fourth Intermediate People’s Court swiftly granted interim measures within 24 hours of the case filing, supporting an arbitration administered by the Hong Kong International Arbitration Center (HKIAC).
Wed, 26 Jun 2024 China Legal Trends CJO Staff Contributors Team
In January 2024, China’s Supreme People’s Court (SPC) released ten typical cases of judicial review of arbitration, aiming to unify the standards for judicial review of arbitration across the country. Among others, Case No.1 shows that the Chinese court confirmed the validity of an arbitration agreement despite an unregistered company seal.
Fri, 05 Apr 2024 China Legal Trends CJO Staff Contributors Team
In December 2023, a Shanghai local court set a groundbreaking precedent by issuing investigation orders to assist arbitration institutions, marking the first instance of such support in China's legal landscape.
Wed, 15 Nov 2023 China Legal Trends CJO Staff Contributors Team
In September 2023, China’s Supreme People’s Court released its 2020 Annual Report on Judicial Review of Commercial Arbitration, aiming to standardize criteria, regulate judicial review power, guide arbitration institutions, and provide case materials for legislative amendments.
Tue, 10 Oct 2023 China Legal Trends CJO Staff Contributors Team
In July 2023, the Beijing Fourth Intermediate Court (BFIC) released its “2022 Annual Report on Judicial Review Cases in Domestic Arbitration”. As a court with jurisdiction over two of the largest arbitration institutions in China, namely the China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission (BAC), BFIC is a major player in China’s arbitration landscape.
Mon, 11 Sep 2023 China Legal Trends CJO Staff Contributors Team
In June 2023, the Shanghai International Arbitration Center (SHIAC) promptly froze the respondent’s bank accounts through an online system when handling the applicant’s property preservation application in a supply contract arbitration.