Get the free Litigation Alert - Orrick

Litigation Alert China Edition February 13, 2008, Arbitration in China Recent Developments By: Robert S. P, Partner, Dispute Resolution, Hong Kong Office Use of Arbitration in China Continues to Grow

These arbitration in Mainland China were primarily concerning disputes in which the parties are state-owned. In addition, state-owned enterprises (SOEs) engaged in SOEs/business enterprises disputes were given priority in selecting arbitrators, although not as much. As of December 31, 2007, CIE TAC was administering 1,071 arbitration in Mainland China. As more Chinese companies and business persons became interested in seeking arbitration, so did the number of international arbitration proceedings held in Mainland China, including those involving SOEs and enterprises operating in China. This growth in the number of arbitration sat the CIE TAC indicates that China is becoming increasingly aware of its international arbitration obligations vis-à-vis its own foreign investors. There are several reasons for the growth in foreign arbitration in China. It is often claimed that companies investing in China wish to obtain arbitration through domestic arbitration mechanisms. There are several problems with this belief. Many of the arbitration cases involving foreign companies and foreign investors in Mainland China are filed by a foreign company against a Chinese company. These arbitration were not arbitrated under local legislation of Mainland China, but rather under bilateral or multilateral arbitration. Further, the arbitration proceedings in Mainland China take place in a legal setting where Chinese law has no place. If China ever implemented its law enforcement authority under the SOE Law, as recommended in the Chinese Ministry of Commerce Resolution Number 2007-02, China would have to implement the entire legal system in a multination administrative manner. Therefore, the growth in the number of arbitration cases that involve foreign investors is not surprising. In some cases, arbitration taken by a foreign investor involve domestic courts having jurisdiction over the matter being arbitrated. The growth in the number of arbitration involving international investors is also not surprising. The Chinese legal system does not have sufficient capacity to accommodate the number of cases being filed. As an increasing number of investment arbitration are brought to the CIE TAC, the likelihood of a litigant successfully asserting their rights increases. In addition, it is well known that courts in Mainland China lack the necessary technical expertise to be able to deal with complex disputes involving foreign companies and foreign investors. Foreign investors that have initiated claims against China in the past have rarely succeeded in their claims. There is a need for China to develop its capacity to enforce its laws and to be competent in the technical areas of arbitration that are appropriate for China to adjudicate.

For pdfFiller’s FAQs

What is litigation alert - orrick?

Litigation alert - orrick is a legal notification system that provides updates and information about ongoing litigation cases.

Who is required to file litigation alert - orrick?

All parties involved in litigation cases are required to file litigation alert - orrick, including both plaintiffs and defendants.

How to fill out litigation alert - orrick?

To fill out litigation alert - orrick, you need to provide details about the litigation case such as case number, court information, parties involved, nature of the case, and any updates or developments related to the case.

What is the purpose of litigation alert - orrick?

The purpose of litigation alert - orrick is to keep relevant parties informed about the progress and updates of ongoing litigation cases.

What information must be reported on litigation alert - orrick?

On litigation alert - orrick, you must report information such as the case number, court details, parties involved, nature of the case, and any significant updates or developments.

When is the deadline to file litigation alert - orrick in 2023?

The deadline to file litigation alert - orrick in 2023 will vary depending on the specific case and court proceedings. It is recommended to consult with legal counsel or refer to the relevant court rules and regulations for the accurate deadline.

What is the penalty for the late filing of litigation alert - orrick?

The penalties for the late filing of litigation alert - orrick can vary depending on the jurisdiction and court rules. It may result in sanctions, fines, or other consequences imposed by the court. It is advisable to consult with legal counsel or refer to the relevant court rules for the specific penalties.

How can I get litigation alert - orrick?

The pdfFiller premium subscription gives you access to a large library of fillable forms (over 25 million fillable templates) that you can download, fill out, print, and sign. In the library, you'll have no problem discovering state-specific litigation alert - orrick and other forms. Find the template you want and tweak it with powerful editing tools.

How do I make edits in litigation alert - orrick without leaving Chrome?

Install the pdfFiller Google Chrome Extension in your web browser to begin editing litigation alert - orrick and other documents right from a Google search page. When you examine your documents in Chrome, you may make changes to them. With pdfFiller, you can create fillable documents and update existing PDFs from any internet-connected device.

How do I complete litigation alert - orrick on an iOS device?

Download and install the pdfFiller iOS app. Then, launch the app and log in or create an account to have access to all of the editing tools of the solution. Upload your litigation alert - orrick from your device or cloud storage to open it, or input the document URL. After filling out all of the essential areas in the document and eSigning it (if necessary), you may save it or share it with others.