Hong Kong & China

SPC clarifies jurisdiction issues arising from the CIETAC split

On 15 July 2015, the Supreme People’s Court in China (the “SPC“) issued a binding judicial interpretation on how lower courts are to handle various issues arising out of the CIETAC split (the “SPC Reply“). The interpretation responded to requests … Continue reading

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

Competing jurisdiction clauses in a multi-contract scenario: a potential case management solution from Hong Kong

In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set out for litigation to resolve disputes, while a broader, related subcontract, set out for disputes … Continue reading

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Filed under Hong Kong & China, Jurisdiction

Hong Kong court refuses enforcement of Mainland arbitral awards on the basis of improper notice of arbitral proceedings

The Hong Kong Court of First Instance recently granted an appeal from its own decision to allow enforcement of two Mainland arbitral awards. This case turns on service of a notice of arbitration and notice of hearing, which were deemed … Continue reading

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Filed under Awards, Enforcement, Hong Kong & China

Hong Kong plays host this week to the inaugural ICCA-HKIAC Summit

The inaugural ICCA-HKIAC Summit will bring together thought leaders and visionaries from the dispute resolution industry and the field of international law. Around the themes ‘Bridging Cultures’ and ‘Connecting Futures’, the Summit will provide a platform for the creation of … Continue reading

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Filed under Hong Kong & China, Institutions, Investment Arbitration

High Court of Hong Kong requires strong reasons to refuse to enjoin foreign proceedings brought in breach of Hong Kong arbitration clause

In the recent case of Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi (HCCT 6/2015), the Hong Kong Court of First Instance (CFI) granted an anti-suit injunction to restrain the further conduct of litigation commenced in Turkey … Continue reading

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

ADR in Asia – overview of key ADR processes

We previously reported the publication of our new ADR in Asia Guide. As well as distilling the results of our client survey on mediation in Hong Kong, the Guide contains a summary of the main ADR processes and their use … Continue reading

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Filed under ADR, Asia, Hong Kong & China

Hong Kong court sets aside part of an arbitral award on the basis of serious breach of due process

In China Property Development (Holdings) Ltd v Mandecly Ltd HCCT 53/2010, the Hong Kong Court of First Instance (the CFI) has set aside part of an arbitral Award, on the basis that the applicant had been denied an opportunity to … Continue reading

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Filed under Awards, Enforcement, Hong Kong & China

Hong Kong confirms pragmatic approach to enforcement, limited rights of appeal and signals views on “CIETAC split” clauses

In 廣東長虹電子有限公司 v Inspur Electronics (HK) Ltd (HKMP 434/2015), the Hong Kong Court of Appeal has confirmed a lower court’s order to enforce a Mainland award, reiterating Hong Kong’s “deliberate policy of restricting the rights of appeal” in respect of … Continue reading

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

PRC Supreme Court clarifies application of limitation period for enforcing foreign-related arbitral awards

In a recently published case, the Supreme People’s Court (the “SPC“) of the People’s Republic of China has confirmed that the two-year limitation period for a party to apply to a PRC court for enforcing a foreign-related arbitral award shall … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China

ICC YAF identifies the application of psychology as a novel approach in international arbitration

A paper addressing the application of psychology to international arbitration, submitted by Herbert Smith Freehills Senior Associate Ula Cartwright-Finch, was selected for presentation at the ICC Young Arbitrators Forum (YAF) – Young Austrian Arbitration Practitioners (YAAP) Joint Conference: “Young approaches … Continue reading

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Filed under Hong Kong & China, News