January 20, 2017 – John Fellas and Rebeca Mosquera co-authored an article for the January edition of Asian Dispute Review entitled "Pitfalls That Chinese Parties Should Avoid in Arbitration Against Non-Chinese Parties."
In the article, the authors provide guidance to successful Chinese claimants in arbitrations against non-Chinese parties on avoiding pitfalls in arbitration proceedings that could lead to victory in those proceedings being denied by an overseas court at the enforcement stage or by a court of the seat of the arbitration in vacatur proceedings.
The authors analyzed three recent cases from the United States and Hong Kong, all of which involved Chinese parties, where the courts either refused to confirm or vacated (set aside) arbitral awards rendered in favor of those parties, on the grounds that the losing party either had failed to receive proper notice of the arbitration proceeding or did not have a fair opportunity to present its case. In all three cases, the defects that the courts found to have undermined the awards would have been avoidable if the successful parties had taken appropriate steps at the outset.
This article can be found in the Asian Dispute Review journal. Please click here to view the post.