Entries by Guangjian Tu

One Small Step Forward: The Mainland China Is Trying to Differentiate Inter-regional Private Cases From Those Foreign-related Ones

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For quite a long time, what China had been doing for its interregional private laws was modelling their solutions on international conventions such as the Hague Service Convention, the Hague Evidence Convention and the Hague Judgments Convention etc. Normally they eventually got a slimmed-down Arrangement for the corresponding matter. This was quite different from what […]

The Applicability of Arbitration Agreements to A Non-Signatory Guarantor—A Perspective from the Chinese Judicial Practice

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(authored by Chen Zhi, Wangjing & GH Law Firm, PhD Candidate at the University of Macau) It is axiomatic that an arbitration agreement is generally not binding on a non-signatory unless some exceptional conditions are satisfied or appear, while it could even be more controversial in cases relating to guarantee where a non-signatory third person […]

2021 UNCITRAL ASIA PACIFIC DAY UNCITRAL RCAP-UM JOINT CONFERENCE 2021 CONQUERING THE COVID: ENHANCING ECONOMIC RECOVERY THROUGH HARMONIZATION OF LAW GOVERNING MSMES

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On 17 December 2021, the UNCITRAL RCAPUM Joint Conference, an event celebrating the 2021 UNCITRAL Asia Pacific Day, is scheduled in the University of Macau (Macau SAR) under the title “Conquering the COVID: Enhancing Economic Recovery through Harmonization of Law Governing MSMEs”. This is the annual conference rising from the successful cooperation between the UNCITRAL […]

Appeal on Merits in Commercial Arbitration?–An Overview

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(authored by Chen Zhi, Wangjing & GH Law Firm, PhD Candidate at University of Macau) Finality of tribunal’s decision without any challenging system on merits issues has been well established and viewed as one of the most cited benefits of arbitration, which can be found in most influential legal documents such as 1958 New York […]

New Arbitration Rules of Zhuhai Court of International Arbitration

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Against the background of “One Belt, One Road” initiative and the construction of Guangdong-Hong Kong-Macau Great Bay Area, after being elevated to be a national free trade zone a few years ago, Henqin Island located in Zhuhai City of Guangdong Province and neighboring Macau was re-labelled as the deeper integration (cooperation) area between Guangdong and […]

How Chinese Courts Tackle Parallel Proceeding Issues When Offshore Arbitration Proceeding Is Involved?

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(The following case comment is written by Chen Zhi, a PhD candidate at the University of Macau? The parallel proceeding is a long-debated issue in International Private Law, by which parties to one dispute file two or more separate dispute resolution proceedings regarding the same or similar problems. Such parallel proceedings will increase the cost […]