China - Baker & McKenzie International Arbitration Yearbook: 2012-2013
James Kwan is a Partner in the Dispute Resolution Group of Baker & McKenzie in Hong Kong, where he leads the arbitration practice. He specializes in infrastructure, engineering, and energy disputes and has a range of international experience, having represented clients in arbitrations in Hong Kong, Asia, the Middle East, and Europe under the major institutional rules. He is recognized in legal directories as “best known for his tremendous skill in energy, infrastructure and construction disputes” (Chambers Global 2011), “‘extremely good, quality lawyer,’ ‘high profile,’ and ‘a very fine practitioner’ “ (Who’s Who Legal UAE 2008), and “singled out for his expertise in arbitration,” “genuine arbitration specialist . . . he has a fine reputation” (Asia Pacific Legal 500 2012 edition).
Shen Peng is a Consultant in the Dispute Resolution Group of Baker & McKenzie in Beijing. He represents international and domestic clients in domestic and international disputes in China. Prior to working in private practice, Shen Peng was a judge of the Beijing People’s Court.
Sarah Zhu is an International Associate in the Dispute Resolution Group of Baker & McKenzie in Shanghai. Her practice focuses on arbitration and litigation for clients in the automobile, pharmaceutical and insurance sectors.
Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013
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A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Revision of the CIETAC Arbitration Rules
CIETAC’s recent revision of its 2005 Arbitration Rules (“2005 Rules”) came into force on 1 May 2012 (“2012 Rules”).
The 2012 Rules bring CIETAC procedures closer to international best practice. The new rules aim to address the increasing complexity of contemporary arbitration proceedings, to provide greater autonomy to parties, and to codify and clarify CIETAC’s existing practice. The key amendments are discussed below.
A. Legislation, Trends and Tendencies
A.1 Revision of the CIETAC Arbitration Rules
A.2 Disputes among CIETAC Branches
A.3 South China International Economic and Trade Arbitration Commission Arbitration Rules
A.4 Amendments to PRC Civil Procedure Law
B. Cases
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures