News & Analysis as of

Dispute Resolution Hong Kong International Arbitration

Conyers

Too Radical For A Change? A Summary of Garofalo V Crisp And Ors

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In Garofalo v Crisp and Ors [2024] EWHC 1737 (Ch), the English Court found that a higher evidential threshold should be applied when deciding whether or not to grant an exceptional interim relief for a change of management...more

A&O Shearman

Sanction for scheme of arrangement refused by Hong Kong court: Key takeaways

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Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more

BCLP

HKIAC Releases Updated 2024 Administered Arbitration Rules

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On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect....more

Latham & Watkins LLP

Case Update: Hong Kong Arbitral Tribunal’s Jurisdiction to Determine Disputes in Related Contracts

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An arbitral tribunal lacks jurisdiction to determine claims raised under related agreements containing different dispute resolution clauses. The Hong Kong Court of First Instance (Court) held in a recent judgment that an...more

Mayer Brown

Charting the Path: Major Developments in Hong Kong Arbitration Law in 2023

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In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year. Key developments in 2023 included: 1. Multi-tiered dispute resolution clause – compliance with...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

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Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...more

Hogan Lovells

Hybrid jurisdiction clauses – two new English and Hong Kong cases give confidence to lenders

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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

Hogan Lovells

Arbitration Highlights in the Year of the Rabbit

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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

Morrison & Foerster LLP

HKIAC’s Arbitration Caseload Hits Record High In 2022

On January 20, 2023, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual statistics for 2022. The statistics suggest that HKIAC swiftly recovered from the drop in caseload in 2021 and has returned to...more

Walkers

Offshore Litigation And Hong Kong Seated Arbitrations

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Bermudan, British Virgin Islands (“BVI”) and Cayman Islands companies are frequently used as investment vehicles for Hong Kong and Chinese companies and individuals. This is reflected in the frequency with which they are a...more

Hogan Lovells

New Hong Kong Bill allows for outcome-related fees in arbitration - Talking Point Asia April 2022

Hogan Lovells on

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

Hogan Lovells

Cheque–mate – Hong Kong Court of Appeal refuses stay to arbitration on dishonoured cheque

Hogan Lovells on

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

Hogan Lovells

Arbitration Highlights in the Year of the Tiger

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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

Hogan Lovells

25 years of the Arbitration Act: Time for reform?

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2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more

Hogan Lovells

C v D – Hong Kong court rules on compliance with pre-arbitration procedural requirements

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In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

BCLP

Development of LawTech in Hong Kong

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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

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

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Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

JAMS

More Trade and Investment Disputes Anticipated as Asia Economy Grows

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Dispute resolution in Asia has witnessed marked developments this year. Hong Kong, although still an important center for arbitration hearings, is facing increased competition from other jurisdictions, especially Singapore. ...more

Morrison & Foerster LLP

MoFo APAC Arbitration Update: August 2019

Hong Kong Court Addresses Interplay Between Arbitration and Insolvency - On August 2, 2019, the Hong Kong Court of Final Appeal addressed the interplay between arbitration and the court’s insolvency jurisdiction in its...more

Latham & Watkins LLP

Getting the Deal Through – Arbitration 2019, Hong Kong Chapter

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Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

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With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Dechert LLP

Updated HKIAC Arbitration Rules Seek to Save Time and Costs

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The Hong Kong International Arbitration Centre (HKIAC) recently released a new version of the HKIAC Administered Arbitration Rules, effective November 1, 2018. The new version updates the 2013 HKIAC Administered Arbitration...more

Mintz - Arbitration, Mediation, ADR...

New Rules of the Hong Kong International Arbitration Centre Arguably Foster Collective and Opt-In Class Arbitration

The Hong Kong International Arbitration Centre (“HKIAC”) has promulgated a new set of Administered Arbitration Rules (“AAR”), effective November 1, 2018. Among those rules are Articles 27-30 concerning the HKIAC’s powers to...more

Latham & Watkins LLP

HKIAC Updates Rules to Strengthen Market Profile and Improve User Experience

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Amendments to the administered arbitration rules address technology, third party funding, time limits, and other key mechanisms. Following the success of the 2013 HKIAC Administered Arbitration Rules (the 2013 Rules), the...more

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