Originally from:
Doing Business in China
SYNOPSIS
§ 1.01 Introduction
§ 1.02 The Advantages of Arbitration over Litigation with Regard to China-related Disputes
§ 1.03 International Arbitration in China
[1] Sources of Law
[2] Options for International Arbitration in China
[3] China Maritime Arbitration Commission
§ 1.04 CIETAC Arbitration
[1] Structure of CIETAC
[2] Arbitrating under CIETAC Rules
[a] Main Features of CIETAC Arbitration
[b] Agreement to Arbitrate
[c] Jurisdiction
[d] Objections to Jurisdiction
[3] Commencing Arbitration
[4] The Composition and Selection of the Arbitral Tribunal
[a] Appointment of Arbitrators
[b] Neutrality of Arbitrators
[c] Removal or Replacement of Arbitrators
[5] Consolidation of Arbitrations
[6] Joinder of Additional Parties
[7] Hearings
[8] The Place of Arbitration
[9] Applicable Rules
[10] Applicable Law
[11] Representation
[12] Language
[13] Confidentiality
[14] Experts
[15] Ancillary Proceedings before the People’s Courts
[16] Interim Measures
[17] The Award
[a] Timing
[b] Majority Awards and Awards Made by the Presiding Arbitrator
[c] Partial Awards
[d] Finality
[e] Default Awards
[18] Fees and Costs
[19] Conciliation
[20] Summary Procedure
[21] Other Sector-Specific Dispute Resolution Services
§ 1.05 Drafting a CIETAC Arbitration Clause
[1] Suggested Clause
§ 1.06 The Validity of Certain Types of Arbitration Agreements
§ 1.07 Enforcement of CIETAC Awards outside China
§ 1.08 Resolving Disputes through Arbitration outside China
[1] Choice of Foreign Venue
[a] Effect of Local Laws
[b] Enforcement
[2] Asian Venues
[a] Hong Kong
[b] Singapore
[c] Kuala Lumpur
[3] European Venues
[a] Stockholm
[b] London
[c] Paris
[d] Switzerland
§ 1.09 The Method of Arbitration—Institutional or Ad Hoc
[1] The UNCITRAL Arbitration Rules
[2] International Arbitration Institutions
[a] The International Chamber of Commerce
[b] The International Centre for the Settlement of Investment Disputes
[c] The London Court of International Arbitration
[d] The American Arbitration Association
§ 1.10 Appendix—CIETAC Fees and Surcharges
Friven Yeoh is a Partner of the Hong Kong office of Sidley Austin and a member of the International Arbitration group. Friven has extensive experience in the resolution of complex disputes and has represented clients in international arbitrations in Asia, Europe and the US conducted under various institutional and ad hoc arbitration rules including those of the ICSID, HKIAC, ICC, SIAC, CIETAC, SCC, JCAA, UNCITRAL and CAS. He also serves as arbitrator in various international arbitrations. Friven writes and speaks frequently on topics relating to international arbitration and dispute resolution in Asia, and is a member of the Advisory Board of the Journal of International Arbitration.
Desmond Ang is a Counsel of the Hong Kong office of Sidley Austin and a member of the International Arbitration group. Desmond focuses on international commercial and treaty arbitration, with an emphasis on high-stakes disputes involving business relationships and investments with companies in China, Japan and South Korea. Desmond has represented clients in proceedings conducted under the ICC, HKIAC, CIETAC, SIAC, JCAA and UNCITRAL Arbitration Rules. He also has experience in litigation ancillary to international arbitrations, including enforcement and Mareva proceedings before the Singapore High Court. Desmond received his LL.B. (Dean’s List) from the National University of Singapore and is admitted in Singapore, England and Wales, and Hong Kong.
