Hong Kong & China

Astro/First Media: Leave to appeal granted in Hong Kong enforcement proceedings

In the long-running Astro v First Media dispute, the Court of Final Appeal of Hong Kong (CFA) has granted First Media leave to appeal against the Court of Appeal’s decision refusing an extension of time to apply to set aside … Continue reading

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Filed under Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China

PRC Court refuses to enforce an SIAC award made under Expedited Procedure

The Shanghai No.1 Intermediate Court (the Shanghai Court) recently refused to enforce a SIAC award under Article V(1)(d) of the New York Convention, which provides that the award may be refused if “[T]he composition of the arbitral authority or the … Continue reading

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Filed under Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China

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

Taiwan’s CAA adopts new international arbitration rule

Taiwan’s Chinese Arbitration Association (“CAA“) has adopted new arbitration rules for arbitrations seated outside Taiwan. The Chinese Arbitration Association Rules, International (known as the “CAAI Rules“) came into effect on 1 July 2017 and are intended to apply to arbitrations … Continue reading

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Filed under ADR, Asia, Hong Kong & China

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

International arbitration internship (Hong Kong): applications now open

Herbert Smith Freehills is accepting applications for short-term internships with the firm’s international arbitration group in Hong Kong. Three paid internship positions are open for three to four months each (not extendable), beginning in or around January, May and September … Continue reading

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Apology legislation passed in Hong Kong – what does it mean for you

On 13 July, Hong Kong’s Legislative Council passed a law (the Apology Law) intended to facilitate the resolution of civil disputes in the territory. The Apology Law, which is expected to be gazetted and come into force shortly, reforms the … Continue reading

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Filed under ADR, Asia, Hong Kong & China

China-related investment arbitrations: three recent developments

The last two months have delivered three notable developments in China-related investment arbitrations.  In addition to the third known claim to be lodged at ICSID against the People's Republic of China (PRC), two recent and potentially inconsistent decisions in claims … Continue reading

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

HONG KONG HIGH COURT APPOINTS RECEIVERS AS INTERIM MEASURE IN SUPPORT OF ARBITRATION PROCEEDINGS IN MAINLAND CHINA

A recent judgment from the Hong Kong High Court (Chen Hongqing v Mi Jingtian) illustrates the manner in which parties may seek interim relief in Hong Kong to support arbitral proceedings being conducted elsewhere – in this case, the appointment … Continue reading

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Filed under ADR, Asia, Challenges to awards, Hong Kong & China

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