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
A Hong Kong court has set aside an HKIAC Final Award finding that the arbitrator's conduct was so "seriously flawed" and "egregious" that there had been a serious denial of due process....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
Two recent English and Hong Kong court decisions have given confidence to lenders that they should be able to enforce their rights against creditors under so-called asymmetric or hybrid dispute resolution clauses....more
As the world welcomes in the Year of the Rabbit, we look back at seven decisions that made an impact over the past year.
In the decisions, the Hong Kong courts considered the circumstances in which interim relief should...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
The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...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
The Hong Kong Government has published a new bill, which when enacted, will allow a flexible regime for outcome-related fees in arbitration. This legislation, compliments the existing regime for third party funding,...more
The Hong Kong Court of Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...more
The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more
As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more
Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and...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
Arbitration has become an important part of commercial dispute resolution in China. For international investors, arbitration has considerable advantages due to its neutrality, enforcement, confidentiality, flexibility, and...more
The NSL came into force in Hong Kong on 1 July 2020. -
Some observers have expressed concern that the law will threaten Hong Kong's status as an international dispute resolution center. Of particular concern is the...more
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.
...more
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 Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more
11/18/2019
/ Arbitration ,
Business Litigation ,
China ,
Foreign Jurisdictions ,
Free Trade Zone ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Investment Disputes
According to an announcement made on the People's Court Daily, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong...more
Hong Kong becomes the first and only jurisdiction outside the Mainland where the Mainland courts can grant interim measures in aid of a foreign arbitration if administered by an institution....more
International arbitration is increasingly recognized as the preferred dispute resolution mechanism for cross-border derivative transactions. The International Swaps and Derivatives Association, Inc. (ISDA) originally...more
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.
...more
Hogan Lovells hosted an event on 30 October 2018, at its Hong Kong office, as part of the Hong Kong Arbitration Week, titled “Making Arbitration Fit for the Future”....more
Earlier this month, Canada, Mexico, and the United States agreed to a new free trade agreement – the United States-Mexico-Canada Agreement (USMCA) – that will eventually replace the 1994 North America Free Trade Agreement...more
10/22/2018
/ Canada ,
China ,
Cross-Border Transactions ,
Exports ,
Foreign Relations ,
Free Trade Agreements ,
Imports ,
International Arbitration ,
Mexico ,
NAFTA ,
Trade Relations ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
US Trade Policies
In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration....more