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    Infrastructure

    Charltons provides high impact advice on infrastructure transactions, including the structuring, development, financing, construction and operation of infrastructure assets. Our experience includes greenfield developments, acquisitions and dispositions, finance and restructuring, public / private partnerships, network sharing and operating agreements. Our lawyers have extensive experience with domestic and international projects in many sectors, with a focus on emerging markets, natural resources and telecommunications.

    We carry out legal due diligence for infrastructure and project finance transactions, and advise on, prepare and negotiate transaction documents, including construction contracts, offtake contracts, operating and maintenance agreements, netwrosk sharing contracts, security and guarantees, and debt and equity financing agreements. We can also assist on dispute resolution and litigation relating to infrastructure and project finance transactions. Our lawyers provide an insightful and highly personalised service, building deep relationships with clients.

    Our infrastructure team is composed of multilingual lawyers with extensive experience in a broad range of practices, including capital markets, corporate finance, mergers and acquisitions, and natural resources. We have represented parties on all sides of infrastructure transactions, including project sponsors, developers, lenders, investors, contractors, service providers and equipment suppliers. We fully understand the concerns of parties involved in financing, structuring and delivering on large and complex infrastructure projects, and aim to deliver smart and practical advice that balance the needs of various parties.

    Charltons works with a network of law firms worldwide and has frequently instructs local counsel and coordinates multi-jurisdictional legal advice in infrastructure transactions, offering a single point of contact and integrated legal advice to the client. This network allow us to coordinate with experienced lawyers worldwide, to deliver timely and cost-effective solutions.

     

    Arbitration is a common adjudicatory method of dispute resolution in infrastructure and construction industry.

    What is arbitration?

    Arbitration is a dispute resolution method where the parties agree to submit their disputes to be resolved by an arbitrator, whose award will be binding and generally final and not subject to review on merits unless expressly agreed by the parties in the arbitration agreement. Arbitration proceedings are not conducted in court, but in private, and are heard by an arbitrator rather than a judge. There are no restrictions on who may represent parties in an arbitration. The parties can choose to appoint locally qualified or overseas qualified legal advisor or non-legal representatives to represent them in an arbitration proceeding.

    In addition to being private and confidential proceedings, the main advantages of using arbitration rather than litigation include the fact that experts in the relevant area can be appointed to form a panel of neutral arbitrators and that arbitration awards are, in general, more easily enforceable internationally than court judgments. Further, since the courts in Mainland China generally do not recognize or enforce foreign (including Hong Kong) court judgments, arbitration is appropriate for international disputes involving Mainland Chinese parties.

    Arbitration in Hong Kong

    Arbitrations conducted in Hong Kong are governed by the Arbitration Ordinance (Cap. 609 of the laws of Hong Kong), which provides the basic legal framework. The existing Arbitration Ordinance mirrors that of the UNCITRAL Model Law, which was promulgated by the United Nations Commission on International Trade Law and has been adopted or adapted in many jurisdictions around the world. The UNCITRAL Model Law (which is reproduced at Schedule 1 of the Arbitration ordinance) in effect applies to all arbitrations in Hong Kong and there is no distinction between international and domestic arbitrations.

    The detailed arbitration procedure is governed by the arbitration rules chosen by the parties and is usually agreed in their arbitration agreement. The arbitrator has a discretion to adopt appropriate procedures to ensure fair and efficient conduct of the arbitration where the Arbitration Ordinance and the chosen arbitration rules are silent.

    2014年香港特码生肖表:Infrastructure transactions

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    Arbitration

    Legal infrastructure transactions

    Arbitration process in Hong Kong

    Legal due diligence compliance

    Project finance transactions

    Dispute resolution and litigation

    Emerging markets

    Financing, structuring and delivering on large and complex infrastructure projects

    Dispute resolution
    Arbitration Ordinance Cap 609 of the laws of Hong Kong
    UNCITRAL Model Law
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  • 苹果高管驳斥iPhone计划报废说 iOS 12就是证据 2019-05-07
  • 热门楼盘趁势而入迎热销 红六月正式上线 ——凤凰网房产天津 2019-04-29
  • 国家税务总局:国地税改革进入具体实施操作阶段 2019-04-28
  • 习近平关于生态环境保护的十个精妙论述 2019-04-28
  • 生态环境部严厉打击转移倾倒固体废物及危险废物 2019-04-27
  • 马克思的每个人全面而自由发展,是人的最高需求层次理论。 2019-04-22
  • 空调还装墙壁上?聪明人都是往这里装,好看又省地 ——凤凰网房产 2019-04-22
  • 这下就真的更加坐实你的老蚕了,所有网友都是见证!想赖都赖不掉了。 2019-04-20
  • 空姐,到底要不要漂亮?-光明时评 2019-04-18
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  • [视频]《乡村振兴战略大家谈》第六集4分钟精编版 2019-04-12
  • 赵哲春季写真大公开 百变风格切换自如 2019-04-07
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  • 坚守一条红线 维护生态安全(在习近平新时代中国特色社会主义思想指引下——新时代新作为新篇章) 2019-04-07
  • 中国石油呼和浩特石化公司获第十二届人民企业社会责任奖年度环保奖 2019-04-07