A Hong Kong court has granted leave to appeal against a decision in which an arbitral award was sent back to the arbitrator for reconsideration on the basis that the law had changed on a key point relied upon in the...more
In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more
One misplaced letter in an email address caused the Hong Kong High Court to refuse leave to enforce an arbitral award on the basis that the respondent not been validly served with the Notice of Arbitration. This was despite...more
In C v D [2023] HKCFA 16, the Hong Kong Court of Final Appeal confirmed that compliance with pre-arbitration conditions in an escalation clause is a matter of admissibility, rather than a jurisdictional issue, and is not...more
Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under the Hong Kong Arbitration Ordinance. So ruled the Honourable Justice Mimmie...more
The Hong Kong court has dismissed an application seeking to restrain a party to an arbitration from publishing information relating to arbitrations commenced in relation to an unspecified product. In A v B [2022] HKCFI 3620,...more
In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an arbitral award issued by the Shanghai...more
A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more
As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more
3/16/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Boilerplate Language ,
Business Disputes ,
Contract Terms ,
Forgery ,
Hong Kong ,
Impartiality ,
International Arbitration
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England.
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3/5/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Business Disputes ,
Business Litigation ,
Forum Selection ,
Franchise Agreements ,
Hong Kong ,
Injunctions ,
International Arbitration ,
Jurisdiction ,
Singapore ,
Statute of Limitations
The Hong Kong International Arbitration Centre (HKIAC) announced on 18 October 2018 that it updated its Administered Arbitration Rules, which had entered into effect on 1 November 2018.
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In Z and Y [2018] HKCFI 2342, the Hong Kong Court of First Instance (“CFI”) refused to recognize and enforce an arbitral award (“Award”) of the China Guangzhou Arbitration Commission (“Commission”) on the basis that...more
In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more
As they expand into new markets, companies are increasingly turning to international arbitration as a way to circumvent foreign court systems and speed up dispute resolution.
The rapid pace of globalization is leading major...more
In Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1, the Shanghai No.1 Intermediate People's Court in a judgment dated 11 August 2017 refused...more