ADR

HK Court reconciles jurisdiction and arbitration clauses to order s.20(1) stay

In Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on … Continue reading

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Filed under ADR, Arbitration clauses, Arbitration laws, Asia, Hong Kong & China

Facilitating the Belt and Road: CIETAC launches investment arbitration rules

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force.  This is the first set of investment arbitration rules ever promulgated by a … Continue reading

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Filed under ADR, Arbitration rules, Asia, Hong Kong & China, Investment Arbitration, News

ICC and KLRCA sign MoU to promote dispute resolution in Asia

On 1 November 2017, the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC) signed a Memorandum of Understanding (MoU), agreeing to work together to promote dispute resolution in … Continue reading

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Filed under ADR, Asia, News

Singapore High Court dismisses stay applications on basis of repudiatory breach of med-arb agreements

In Heartronics Corporation v EPI Life Pte Ltd and Others [2017] SGHCR 17, the Singapore High Court considered applications to stay proceedings pursuant to arb-med-arb clauses in the relevant agreements. The defendant had argued that even if attempts at mediation … Continue reading

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Filed under ADR, Arbitration clauses, Arbitration laws, Asia

The Federal Court of Australia recognises and enforces ICSID award

  The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision rendered under the rules of the International Centre for Settlement of Investment Disputes (ICSID). In Lahoud v The Democratic … Continue reading

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Filed under ADR, Arbitration laws, Australia, Awards, Enforcement, ISDS, Regions

Hong Kong Court continues injunction in aid of foreign arbitral proceedings

In Ve Global UK Limited v Charles Allard Jr and Intelita Limited, HCMP1678/2017, 10 October 2017, the Hong Kong Court of First Instance continued injunctions and dismissed the Defendants’ allegation of abuse of process in respect of the Plaintiff’s delay … Continue reading

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Filed under ADR, Arbitration laws, Arbitration proceedings, Hong Kong & China

PRC signs the Hague Convention on Choice of Court Agreements: a step forward in the resolution of cross-border litigation

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention).  The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose … Continue reading

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Filed under ADR, Asia, Enforcement, Hong Kong & China, News

A tale of two BANIs – Uncertainties abound as latest court ruling questions legitimacy of Indonesia’s national arbitration centre

Overview Since its establishment in 1977, BANI (Badan Arbitrase Nasional Indonesia) has been the most active arbitral institution in Indonesia. With offices across the country, its own rules and procedures and over 100 Indonesian and foreign arbitrators on its list, … Continue reading

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Filed under ADR, Arbitration laws, Asia

Australian Court sets aside an international arbitration award and removes an arbitrator

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. … Continue reading

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Filed under ADR, Arbitration laws, Australia, Awards, Challenges to awards

PRC court enforces HKIAC arbitration award in favour of Australian gold mining company

On 21 July 2017, the Beijing No. 4 Intermediate People’s Court enforced a Hong Kong award in favour of Stonewall Resources Limited (Stonewall), an Australian listed gold mining company.  The HKIAC award is related to breach by Shandong Qixing Iron … Continue reading

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Filed under ADR, Enforcement, Hong Kong & China