Hong Kong & China

Hong Kong court confirms pro-arbitration interpretation of mandatory stay provision

In Schindler Lifts (Hong Kong) Ltd v Sui Chong Construction and Engineering Co Ltd [2014] HKEC 1967, the Hong Kong District Court ordered stay of an action pending referral of the dispute to arbitration, despite the defendant having filed a … Continue reading

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Filed under Arbitration clauses, Hong Kong & China

Significant developments in international arbitration in Australia in 2014

This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and court rules, and significant developments in relation to investment treaty arbitration for Australian investors.

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Filed under Arbitration laws, Arbitration rules, Australia, Awards, Challenges to awards, Hong Kong & China

BAC’s new Arbitration Rules to come into force on 1 April 2015

After two years of drafting and consultation, Beijing Arbitration Commission (“BAC”) published revised Arbitration Rules on 4 December 2014. The revised Arbitration Rules, which replace the 2008 Rules, will come into force on 1 April 2015 (the “2015 Rules”). The … Continue reading

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

Castel seeking to enforce arbitral award in China

Following the Full Federal Court of Australia’s refusal to set aside an arbitral award in favour of Castel in July this year, Castel has sought to enforce the award against TCL in China. Castel’s enforcement proceedings have not resulted in a … Continue reading

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Filed under Asia, Australia, Enforcement, Hong Kong & China

International Arbitration Internship (Hong Kong): Applications now open

Herbert Smith Freehills is now accepting applications for short-term internships with the firm’s international arbitration group in Hong Kong. Two paid internship positions are open for three months each (not extendable), the first starting in May 2015 and the second … Continue reading

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Filed under Asia, Hong Kong & China, News

Australia and China conclude free trade agreement

On 17 November 2014, Chinese President Xi Jinping and Australian Prime Minister Tony Abbott announced that Australia and China had concluded a free trade agreement that has been under negotiation since April 2005. The agreement will now be prepared in … Continue reading

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Filed under Asia, Australia, Hong Kong & China, News

Going global: CIETAC introduces new Arbitration Rules 2015

The China International Economic and Trade Arbitration Commission (CIETAC) has recently published its revised Arbitration Rules, which come into force on 1 January 2015. The 2015 Rules are available on CIETAC’s website. According to the Secretary General of CIETAC, the … Continue reading

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Filed under Arbitration rules, Asia, Hong Kong & China

CMAC opens its Hong Kong Arbitration Centre

The China Maritime Arbitration Commission (CMAC) inaugurated its Hong Kong Arbitration Centre on 19 November 2014, its first centre outside Mainland China. The inauguration ceremony was coupled with an international maritime arbitration seminar, to discuss latest trends in maritime arbitration … Continue reading

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Filed under Asia, Hong Kong & China

China sued by South Korean property developer at ICSID

This week, a South Korean property developer (“Ansung”) became the second ever investor to request ICSID arbitration against the People’s Republic of China (“PRC”) (Ansung Housing Co., Ltd. v. People’s Republic of China (ICSID Case No. ARB/14/25)). Little is known … Continue reading

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Filed under Hong Kong & China, Investment Arbitration

The Chronicles of Insigma: the Latest Instalment

Alstom v Insigma, the (in)famous SIAC arbitration administered under ICC rules, was recently up for yet another round of judicial sparring following years of proceedings in several fora, which left Alstom Technology Limited (“Alstom”) with a HK$261 million award but … Continue reading

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Filed under Asia, Awards, Enforcement, Hong Kong & China