Hong Kong & China

Hong Kong constitutionality challenge – leave to appeal denied

The Hong Kong Court of Appeal (CA) has rejected an application for leave to appeal to the Hong Kong Court of Final Appeal from its previous judgment that upholds the constitutionality of s.81(4) of the Arbitration Ordinance (Cap. 609), under … Continue reading

Leave a Comment

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

Astro v Lippo: First Media granted leave to appeal in Hong Kong

In the latest development in the Astro v Lippo dispute, First Media (part of the Lippo Group and an unsuccessful defendant in Singapore-seated arbitration) has been granted leave to appeal the decision of the Hong Kong Court of First Instance … Continue reading

Leave a Comment

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

Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of … Continue reading

Leave a Comment

Filed under Hong Kong & China, Interim relief

Hong Kong Court extends indemnity costs principle to arbitration agreement challenges

In Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd (HCA 2416/2014), the Hong Kong Court of First Instance (CFI) has confirmed that a party who unsuccessfully challenges an arbitration agreement before the court should expect to pay … Continue reading

Leave a Comment

Filed under Challenges to awards, Costs, Enforcement, Hong Kong & China, Stays

A new beginning for arbitration in mainland China: HKIAC opens in Shanghai

On 20 November 2015, the Hong Kong International Arbitration Centre (HKIAC) announced the opening of a representative office in Shanghai. The HKIAC's on-the-ground presence in Shanghai is an important milestone for China-related arbitration, as it is the first time that … Continue reading

Leave a Comment

Filed under Hong Kong & China, Institutions, News

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how … Continue reading

Leave a Comment

Filed under ADR, Africa, Asia, Australia, EU, Europe, Global Pound Conference, Hong Kong & China, Middle East, News, Regions, South East Asia, The Americas

Hong Kong Law Reform Commission releases consultation paper on Third Party Funding in arbitration

The Hong Kong Law Reform Commission has today published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public comment on the recommendation, and how third party funding should be … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, News

Hong Kong court confirms principles of enforcement

In KB v S (HCCT 13/2015), Mimmie Chan J  of the Hong Kong Court of First Instance dismissed and struck out an application to set aside an order to enforce an arbitral award, where the application was submitted out of … Continue reading

Leave a Comment

Filed under Awards, Hong Kong & China

Hong Kong Court of Appeal upholds Arbitration Ordinance limits on rights of appeal

The Hong Kong Court of Appeal has rejected a challenge to the constitutionality of s.81(4) of the Arbitration Ordinance (Cap. 609), under which a party who wishes to appeal a Court of First Instance (CFI) decision on setting aside an … Continue reading

Leave a Comment

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

China SPC publishes regulations on recognition and enforcement of Taiwan awards

The Supreme People’s Court of the People’s Republic of China (the “SPC”) recently released statistics on cases handled by the PRC courts under the Cross-Straits Joint Crime Combating and Mutual Legal Assistance Agreement (海峡两岸共同打击犯罪及司法互助协议) (the “Agreement“) since it entered into … Continue reading

Leave a Comment

Filed under Awards, Enforcement, Hong Kong & China