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Important judgment on pre-conditions in arbitration clauses

Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

Development of LawTech in Hong Kong

First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace...more

Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong: the Arbitration (Amendment) Bill 2021

On 24 February 2021, the Hong Kong Government introduced into the Legislative Council the Arbitration (Amendment) Bill 2021 (“Bill”), to implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards...more

Hong Kong court confirmed examination orders can be served on officers of corporate judgment debtors out of jurisdiction

When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if...more

Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more

HKIAC committed to go green

On 21 January 2021, the Hong Kong International Arbitration Centre (“HKIAC”) announced its signing of the Green Pledge and support to the Campaign for Greener Arbitrations (the “Campaign”). Environmental impacts of...more

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

Hong Kong court refuses to uphold an arbitral award for enforcement on grounds of excess of authority and denial of a fair hearing

In X v Y (HCCT 62/2018) [2020] HKCFI 2782 (Date of Decision: 5 November 2020), the Hong Kong Court of First Instance (the Court) set aside an order to enforce an arbitration award on the basis (i) that the tribunal’s findings...more

Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong

On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more

HK Court reluctant to grant EOT for setting aside an arbitral award

The recent case of A v D (HCCT 52/2020) reinforces the pro-arbitration and pro-enforcement approach of Hong Kong courts. Under Article 34 (3) of the Model Law (adopted by section 81 of the Arbitration Ordinance...more

The relationship between cheques (and other bills of exchange) and arbitration clauses

In T v W (HCA 366/2020, [2020] HKCFI 2918), the Hong Kong Court of First Instance considered the interesting question of whether a claim made on a dishonoured cheque was caught by and fell within the application of an...more

Enforcing an arbitration award: don’t mislead the court!!

In 1955 Capital Fund I GP LLC & another v Global Industrial Investment Limited [2020] HKCFI 956, the court set aside an ex parte order for the enforcement of an arbitral award on the grounds of material non-disclosure by the...more

Can you claim legal advice privilege for your communication with foreign in-house lawyers in an English litigation or...

A recent English judgment discussed whether communications with an in-house counsel or with external foreign lawyers are protected by legal advice privilege, including whether the type and seniority of qualification of the...more

HK Court explains principles regarding correction of arbitration awards

In SC v OE1 (HCCT48/2019) [2020] HKCFI 2065 and OE1 v SC (HCCT66/2019) [2020] HKCFI 2065 (Date of Decision: 24 August 2020), the Hong Kong Court of First Instance (the “Court”) dismissed an application to set aside an...more

HKIAC updates on the implementation of the Interim Measures Arrangement between Hong Kong and the PRC

HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland...more

Singapore proposed amendments to its International Arbitration Act

The Ministry of Law of Singapore (the “MinLaw”) tabled and introduced the International Arbitration (Amendment) Bill (the “Bill”) for first reading in the Parliament of Singapore on 1 September 2020. The Bill proposes...more

Impact of arbitration clauses on insolvency proceedings: a retreat from the Lasmos Approach?

Recent Hong Kong cases have highlighted varying approaches regarding the impact of arbitration clauses on insolvency proceedings, in particular, on the Court’s discretion to make a winding-up order where a debt is...more

Visa-free Arrangement for Persons Participating in Arbitral Proceedings in Hong Kong

On 29 June 2020, the HKSAR Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong (“the Scheme”). The Scheme facilitates short-term entry into Hong Kong of eligible...more

HK Court confirmed high threshold for challenging arbitral awards on questions of law

Dissatisfied with an arbitral award? Think twice before you seek to mount a court challenge against an arbitrator’s award in Hong Kong. Hong Kong prides itself as being a pro-arbitration and pro-enforcement jurisdiction....more

Hong Kong Court grants permanent anti-suit injunction to restrain court proceedings in Mainland China

In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 2983, the Hong Kong Court of First Instance granted a permanent anti-suit injunction against the defendant which had commenced proceedings against the plaintiffs in...more

Hong Kong Court rejects application to set aside arbitral award

In the case of X v Jemmy Chien (also known as Chien, Ching Yu) HCCT 31/2019 [2020] HKCFI 286, the Hong Kong Court of First Instance rejected the plaintiff’s application to set aside an arbitral award. The plaintiff’s...more

Arbitrability of Antitrust Disputes in PRC and Hong Kong

What should you do when an antitrust dispute arises between the parties and your contract is governed by PRC law or Hong Kong law? Can you resolve the dispute by arbitration? If your contract is governed by PRC law, as...more

Implementation of the Interim Measures Arrangement between Hong Kong and the PRC in the first quarter – a look back at those who...

The Hong Kong International Arbitration Centre, HKIAC, recently published information on its practice of processing applications under the interim measures Arrangement between Hong Kong and the PRC that came into operation on...more

New Interim Measures Arrangement between Hong Kong and the PRC

A new arrangement between the Hong Kong Government and the PRC Supreme People’s Court makes Hong Kong the first jurisdiction outside of Mainland China in which parties to institutional arbitration will have a clear procedural...more

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