Shearman And Sterling

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August 11, 2022

Emergency Arbitration in Mainland China: A New Dawn?

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EMERGENCY ARBITRATION IN MAINLAND CHINA: A NEW DAWN?

Partner Emmanuel Jacomy (Singapore-International Arbitration) and Counsel Edward M. Taylor (Hong Kong-International Arbitration) co-authored an article for the July edition of Asian Dispute Review titled “Emergency Arbitration in Mainland China: A New Dawn?”. The article considers the uncertain legal status, and consequent limited use of, Emergency Arbitration in Mainland China to date and contrasts it to Emergency Arbitration’s growing popularity elsewhere in the Asia-Pacific, including in Hong Kong and Singapore, where it is widely perceived by parties as a viable alternative to applying to the national courts in situations where interim measures are urgently required before an arbitral tribunal has been constituted.

The authors conclude that the recently published draft Amended Arbitration Law of the People’s Republic of China will, once implemented, result in an increase in the use of Emergency Arbitration in Mainland China since the reforms will for the first time confirm that: (i) Emergency Arbitrators (and Arbitral Tribunals) have the power to issue decisions granting interim measures; and (ii) such decisions can be enforced by the PRC courts.

These reforms would be a welcome development for companies who arbitrate in Mainland China by providing an alternative to the PRC courts for obtaining urgently needed interim measures.

Read “Emergency Arbitration in Mainland China: A New Dawn?”

Authors and Contributors

Emmanuel Jacomy

Partner

International Arbitration

+86 159 2076 5289

+86 159 2076 5289

+65 6230 8957

+65 6230 8957

Beijing

Edward Taylor

Counsel

International Arbitration

+852 2978 8043

+852 2978 8043

Hong Kong