Latest Publications

Share:

Master of the Rules – Hong Kong court confirms that arbitral tribunal governs its own procedural rules

In T v B (Arbitration) [2022] 1 HKLRD 279 the Hong Kong court confirmed that an arbitral tribunal is the "master of its own procedural rules", and that compliance with preconditions to arbitration goes to admissibility, not...more

Arbitration Highlights in the Year of the Tiger

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

Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual

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

New year, more views – arbitration highlights in the Year of the Ox

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

Life Sciences and Health Care Horizons - 2021

Companies in the life sciences and health care industry, like most companies, navigated unparalleled challenges in 2020. But unlike other industries, they had to do so while simultaneously facing the biggest challenge of all...more

Choosing a foreign arbitration institution in China – is the China arbitration market finally opening up?

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

Why Hong Kong will continue to be a leading arbitral center

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

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Does an arbitration agreement protect a debtor from the threat of liquidation?

In several Commonwealth jurisdictions, the corporate legislation allows creditors to petition a court to order the winding up of a debtor in circumstances where that debtor is unable to pay its debts as they fall due. Such...more

COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more

Predicting the unpredictable: the coronavirus and its impact on the energy industry

On 30 January 2020, the World Health Organization declared COVID-19 to be a public health emergency of international concern. ...more

New year, new views - arbitration highlights in the Year of the Rat

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

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Foreign Arbitral Institutions Allowed to Administer Foreign-Related Arbitrations in Shanghai Lin-Gang Pilot Free Trade Zone in...

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

Hong Kong Law Contract Guide

Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

Mark your calendar: The interim measures arrangement between Mainland China and Hong Kong comes into effect on 1 October 2019

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

A question of construction – Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract

The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly, with different jurisdictions taking different approaches to what counts as...more

Paint it black - bleak picture for Hong Kong decorators slammed for market sharing and price fixing

In one of its first major rulings, Hong Kong's Competition Tribunal (the "Tribunal") has ruled against 10 decorating contractors for serious anti-competitive conduct as set out in the Competition Ordinance (the "Ordinance")...more

Hong Kong and Australia agree investor-state dispute resolution in new FTA

Hong Kong and Australia have signed a wide-ranging free trade agreement in a variety of areas including trade in goods and services, government procurement, construction, communications, and intellectual property....more

'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years

The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" in an authoritative...more

A game changer: Hong Kong and China agree milestone arrangement for interim measures in arbitration

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

Developments in financial services arbitration: Revision of the IDSA arbitration guide

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

Adoption of new HKIAC arbitration rules

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

64 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide