Can there be a second bite of the arbitral cherry? PRC Court
gives guidance on repeat arbitration proceedings. Mr Xu Jinglin
v Beijing Kingstar Fortune Co. Ltd
In a recent judgment welcomed by arbitration practitioners, the
Beijing No. 4 Intermediate Court issued an important judgment
setting out the circumstances in which it would be permissible for
there to be a second arbitration in a single dispute.
Background
The applicant, Mr Xu Jinglin ("Mr Xu") was the sole
shareholder of Beijing Guoheng Insurance Agency Co. Ltd
("BGI"). In 2012, BGI purchased liability insurance from
the PICC Beijing Branch ("PICC") in respect of its
insurance agency business. In September 2014, Mr Xu and the
defendant, Beijing Kingstar Fortune Co. Ltd ("BKF Co")
entered into a share transfer agreement, in which Mr Xu agreed to
transfer all its BGI shares to BKF Co. The agreement provided
that:
