Hong Kong & China

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

Hong Kong Court casts doubt on enforceability of ICC awards made in Mainland China

The Hong Kong Court of First Instance has declined to set aside a partial award for lack of jurisdiction where the arbitration clause provided for ICC arbitration “in China” and the ICC had determined that the seat was Hong Kong, … Continue reading

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

Beijing court backs SHIAC and SCIA

Since our last blog post on the Ni Laibao case (see here), in which Shanghai No.2 Intermediate Court ruled that Shanghai International Arbitration Centre (SHIAC) has jurisdiction over an arbitration where the parties agreed to arbitrate before the CIETAC Shanghai … Continue reading

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