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Greater China since 1995
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eNews
The Broad Case Management Discretion of the Arbitral Tribunal
Introduction
Can a losing party raise a procedural matter in a subsequent Court application to set aside an arbitration award which matter was not properly raised or addressed during arbitration ?
Generally speaking, the parties to an arbitration are often reluctant to “rock the boat” or raise robust complaint to the tribunal about how the arbitration process is playing out during the arbitration proceedings. Understandably, this is to avoid any actions that may ...
China Updates
Regulatory Scrutiny and Unwinding the Red-Chip Structure
Generally, a Red-chip structure refers to a cross-border shareholding structure whereby the shareholders of a PRC domestic operating entity establish a Special Purpose Vehicle (“SPV”) offshore and subsequently exercise direct or indirect control over the said PRC domestic operating entity through equity ownership or contractual arrangements with the offshore SPV. Enterprises that adopt the above structure are commonly referred to as the "Red-chip Enterprises."
For decades, the ...
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