Oct 2023

Editorial

This issue of Asian Dispute Review commences with an article by Adrian Lai which considers Mainland China’s judicial practice with regard to the recognition and enforcement of arbitral awards and interim measures in aid of Hong Kong-seated arbitrations. Che Jie and Fu Xin then examine some of the challenges which Chinese parties face when transferring data across borders in an international arbitration context. Damian JH Moon and Min K Lee’s article discusses the role of transparency and the increasing demand for it in investor-State dispute settlement proceedings. Man Sing Yeung then introduces the proposed statutory adjudication process in Hong Kong and considers how innovations in that space, including those from other jurisdictions, may be disseminated in the HKSAR.

For the In-house Counsel Focus article, Cameron Sim discusses the issue of confidentiality in arbitration and considers a recent decision in Singapore which shows how easily confidentiality may be lost. Practical guidance is offered on pre-empting and navigating disputes over confidentiality.

The Jurisdiction Focus article for this issue is on Iran. Nima Nasrollahi Shahri and Sima Ghaffari provide an overview of Iran’s legislative framework for arbitration and the status of mediation, along with recent judicial and institutional developments.

Cavinder Bull SC and Christopher Chong then review The FIDIC Red Book
Contract: An International Clause-by-Clause Commentary by Christopher R Seppälä. As usual, this issue concludes with the News section written by Robert Morgan.

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