In the Spring 2008 issue...

Focus on Arbitration in Asia & the Pacific Rim

By Kim Rooney; Alex Charter; Dave Lau; Marco Lam (Hong Kong); Sophie East (New York); Leon Ioannou (Paris); Dipen Sabharwal (London)

Focus on Arbitration in Asia & the Pacific Rim

• Introduction: Focus on Arbitration in Asia & the Pacific Rim
  This edition of International Disputes Quarterly features the work of White & Case practitioners from throughout Asia and the Pacific, with a special focus on arbitral developments in Hong Kong and Mainland China. Click here for an overview. ... Full Article
  
  
• ICC Secretariat Establishes Branch Office in Hong Kong
  The ICC takes several steps that recognize the importance of both Hong Kong and Singapore as centers of international arbitration. ... Full Article
  
  
• New Time Limit for Enforcement of Arbitral Awards in China
  Parties seeking to enforce foreign arbitral awards in mainland China now have extended time to do so, thanks to an amendment to the PRC Civil Procedure Law. ... Full Article
  
  
• "Double-Barrelled" Dispute Resolution Clauses? Lessons from Down Under
  On 29 January 2008, the Federal Court of Australia handed down a decision that confirmed the need for care in setting out the scope of parties' submission to arbitration in a dispute resolution clause. ... Full Article
  
  
• Another Setback for Indian Arbitration (and Foreign Investors)
  The recent decision of the Supreme Court of India in Venture Global Engineering v. Satyam Computer Services Ltd. ("Venture Global") has served another blow to the fledgling Indian arbitration regime. ... Full Article
  
  
• Enforcement of Hong Kong Ad Hoc Arbitral Awards in Mainland China
  A recent decision by China's Supreme People's Court confirms that ad hoc arbitral awards made in Hong Kong are enforceable in Mainland China. ... Full Article
  
  
• A Historic First: the New Zealand-China Free Trade Agreement
  New Zealand has become the first developed country to sign a Free Trade Agreement with the People's Republic of China. ... Full Article
  
  
• Reciprocal Enforcement of Money Judgments in Hong Kong and Mainland China
  A measure for the reciprocal enforcement of money judgments between Hong Kong and China is close to becoming law in both places. ... Full Article
  
  
• Cooperation Agreement Signed Between CIETAC and HKIAC
  An agreement between the main arbitral institutions in China and Hong Kong aims to promote more effective resolution of international business disputes in the Greater China region. ... Full Article
  
  
• New Chinese Law on Mediation and Arbitration of Labour Disputes
  The People's Republic of China has made significant changes to its Labor Arbitration Law. ... Full Article

Regular Features

Client Alerts: Recent Developments in International Arbitration

• The Supreme Court Prohibits Contractual Expansion of Judicial Review for Arbitral Awards Under the FAA
  By Michelle Burrowes (New York)
  The US Supreme Court's March 25, 2008 decision in Hall Street Associates, L.L.C. v. Mattel, Inc. curtails contractual expansion of the scope of judicial review of arbitral awards that are governed by the Federal Arbitration Act where such expansion is based on non-statutory grounds. ... Full Article
  
  
• Legal Professional Privilege and In-House Counsel: The Akzo Nobel Decision
  By Nathalie Vidrascu (Paris)
  A September 17, 2007 decision by the European Court of First Instance clarifies the scope of the European Commission's powers to require production of documents and business records during investigations relating to competition and antitrust. ... Full Article

Practice Tips

• Tips Regarding Electronic Evidence and Disclosure in International Arbitration
  This article seeks to identify some of the unique issues that will confront arbitral tribunals and arbitration counsel in dealing with electronic evidence. ... FULL ARTICLE

What Our Practitioners Are Saying

• Paul Friedland (Partner, New York): "Parties may face difficulty enforcing arbitration agreements and awards in emerging market countries, where the national law and/or courts may be hostile to arbitration. To mitigate the risk of unpredictable involvement by national courts, parties should choose a place of arbitration that has ratified the New York Convention and that benefits from a modern, liberal arbitration law — for example, based on the UNCITRAL Model Law — and a local judiciary supportive of arbitration...." FULL SUMMARY
  
  
• Ank Santens (Partner, New York): "It remains to be seen whether the U.S. model BIT, the Canadian model FIPA, and the CAFTA-DR will provide less protection for investors than earlier-generation investment treaties, as a result of the greater detail in their substantive and procedural provisions which is expected to provide Tribunals with less leeway in interpreting these provisions...." FULL SUMMARY
  

Please forward comments or questions to idq@whitecase.com.

Editors:

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© 2008 White & Case LLP