Arbitration laws

MCIA recognised by the Supreme Court of India as an appointing institution

As previously reported here and here, the Mumbai Centre for International Arbitration (MCIA) was launched in October 2016, to promote institutional arbitration in India. The MCIA has been established as a joint initiative between the government of Maharashtra in India … Continue reading

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Filed under ADR, Arbitration laws, Asia

Hong Kong Court upholds refusal to stay execution of enforcement order

Overview The Hong Kong Court of First Instance (CFI) has denied leave to appeal its May 2017 decision in  Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118. In that decision (see our previous post), Chow J refused to … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Hong Kong & China

Australia is the first state in the Asia-Pacific region to sign the Mauritius Convention

On 18 July 2017, Australia became the first state in the Asia-Pacific region to sign the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention. Globally, Australia was the 21st signatory to the Mauritius … Continue reading

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Filed under ADR, Australia, UNCITRAL Model Law

Hong Kong confirms IP rights are arbitrable

Hong Kong has now enacted amendments to its Arbitration Ordinance (Cap. 609), clarifying that disputes over intellectual property rights (IPRs) may be resolved by arbitration and that it is not contrary to Hong Kong public policy to enforce arbitral awards … Continue reading

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

Hong Kong Arbitration Ordinance – end of the automatic opt-in

Parties entering into an agreement on or after 1 June 2017 that provides for arbitration in Hong Kong can no longer rely on Section 100 of Hong Kong's Arbitration Ordinance and automatically opt-in to Schedule 2 simply by providing for … Continue reading

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

Anticipated arbitration reforms in Australia

The Australian International Arbitration Act 1974 (Cth) (Act) applies to all international arbitration proceedings in Australia. The Civil Law and Justice Legislation Amendment Bill 2017 (Bill) is an omnibus bill which proposes to make certain amendments to the Act (as … Continue reading

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Filed under Arbitration laws, Australia, Confidentiality, Enforcement, UNCITRAL Model Law

All Australian States and Territories are now Model Law jurisdictions

By introducing the new Commercial Arbitration Act 2017 (ACT), the Australian Capital Territory is the last Australian State to adopt the United Nations Commission on International Trade Law Model Law on International Commercial Arbitration (the Model Law). At the Federal … Continue reading

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Filed under Arbitration laws, Australia, UNCITRAL Model Law

New Zealand considers further amendments to its Arbitration Act

On 9 March 2017, the Arbitration Amendment Bill (Bill) was introduced to the New Zealand Parliament. The Bill proposes to amend the Arbitration Act 1996 (Act), and follows recommendations by the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ). The … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Confidentiality, Court intervention

Australian Court provides guidance on Art 33(3) of the Model Law, the doctrine of functus officio and when a ‘Final Award’ is not ‘final’

In Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd [2017] VSC 97, Croft J of the Victorian Supreme Court confirmed that a party is not required to rely on, or comply with the time constraint in, Art 33(3) of … Continue reading

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Filed under Arbitration laws, Australia, Awards, Costs, Court intervention, Stays, UNCITRAL Model Law

New Arbitration Law in Qatar

Introduction The Emir of Qatar, Sheikh Tamim bin Hamad al Thani, issued Law No 2 of 2017 on 16 February 2017 (the "New Arbitration Law"). The New Arbitration Law has not yet been published in the Official Gazette and implementing … Continue reading

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Filed under Arbitration laws, Arbitration rules, Middle East, Procedures in arbitration, UNCITRAL Model Law