James Hosking and Matthew Draper Explore Cultural Influences in International Arbitration
June 2012 – Chaffetz Lindsey Partner James Hosking and Senior Associate Matthew Draper analyze the recent Hong Kong Court of Appeal decision Gao Haiyan v. Keeneye Holdings Ltd in the Spring issue of the Dispute Resolution Section of the New York State Bar Association journal. In that case, the Court upheld a Chinese arbitral award that was allegedly tainted by the appearance of bias because the arbitrators had performed dual roles as arbitrators and mediators over the course of the arbitration. James and Matthew consider the cultural issues associated with med-arb practices, particularly as the Court held that an enforcement court should look to local med-arb practices at the seat of arbitration when deciding whether enforcing the award would violate that forum’s public policy.
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