Hong Kong & China

Hong Kong Court Dismisses set-aside application for lack of jurisdiction

On 22 December 2016 Justice Mimmie Chan delivered her reasons in A v D, where the Plaintiffs had applied to set aside an arbitrator's decision on the ground of serious irregularity under section 4 of Schedule 2 of the Hong … Continue reading

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Filed under Challenges to awards, Enforcement, Hong Kong & China, Uncategorized

Julian Copeman and Anita Phillips discuss the Global Pound Conference and what to expect at the upcoming Hong Kong event

Hong Kong Lawyer has published an article by Julian Copeman, partner, and Anita Phillips, professional support consultant, discussing commercial dispute resolution in Hong Kong and what the Global Pound Conference series has highlighted for change at other events across the … Continue reading

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Filed under ADR, Hong Kong & China

China extends access to offshore arbitration

On 30 December 2016, China's Supreme People's Court (SPC) issued a notice aimed at strengthening judicial support for the development of pilot free trade zones in China. The notice includes a number of pro-arbitration guidelines that, to some extent, could … Continue reading

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Filed under Arbitration rules, Hong Kong & China, Institutions

First CIETAC HK award enforced in mainland China

On 13 December 2016, the Nanjing Intermediate People's Court of Jiangsu Province (the "Nanjing Court") issued its decision in Ennead Architects International LLP v. Fuli Nanjing Dichan Kaifa Youxian Gongsi (2016) Su 01 RenGang No.1 (the "Decision"). The Decision marks … Continue reading

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Filed under Awards, Enforcement, Hong Kong & China

Astro v Lippo: First Media’s Hong Kong appeal dismissed

Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. On 5 December 2016, the CA dismissed an appeal by First Media, a Lippo Group entity, … Continue reading

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Filed under Arbitration proceedings, Asia, Challenges to awards, Court intervention, Enforcement, Hong Kong & China, Jurisdiction, Uncategorized, UNCITRAL Model Law

Hong Kong Court of Appeal refuses to set aside final award

In a judgment handed down on  15 August 2016, the Hong Kong Court of Appeal has dismissed an appeal seeking to set an ICC award (Tronic International Pte Ltd v Topco Scientific Co Ltd and Others CACV 235/2013).

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, Challenges to awards, Court intervention, Hong Kong & China, UNCITRAL Model Law

When does “may” mean “shall”? Hong Kong Court rejects argument that permissive language creates either a binding arbitration agreement or a right to compel arbitration

In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that provided that parties "may" refer disputes to … Continue reading

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Filed under Arbitration clauses, Hong Kong & China, Stays

Hong Kong Court of Appeal denies anti-suit injunction on grounds of delay and comity

In Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Limited [2016], the Hong Kong Court of Appeal (CA) has highlighted the need for parties to act promptly when applying for an injunction to restrain foreign court proceedings … Continue reading

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Filed under Court intervention, Hong Kong & China, Interim relief

Hong Kong Court of Appeal declines leave to appeal stay in favour of arbitration notwithstanding procedural irregularity

In Wing Bo Building Construction Co Ltd v Discreet Ltd (HCMP 775/2016), the Hong Kong Court of Appeal ("CA") has declined an application for leave to appeal a decision by the Court of First Instance ("CFI") to stay the action … Continue reading

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

Hong Kong Court of Appeal affirms partial set aside of an arbitral award for “serious” irregularity

The Hong Kong Court of Appeal ("CA") recently affirmed a decision of the Court of First Instance ("CFI"), in which an arbitral award was partially set aside due to an irregularity that the CA described as being at "the serious … Continue reading

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