Hong Kong & China

Hong Kong court upholds validity of arbitration agreement in dispute concerning formation of underlying contract

In Chee Cheung Hing & Co Ltd v Zhong Rong International (Group) Ltd (HCA 1454/2015), the Hong Kong Court of First Instance ("CFI") stayed proceedings under s.20 Arbitration Ordinance ("the Ordinance"), which provides for referrals to arbitration where "…an action … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Stays

Hong Kong Court rejects allegation of fraud as basis for resisting enforcement of award: re-affirms high evidentiary threshold required to be satisfied in such cases.

Following a steady line of authority emphasising the high hurdle to be surmounted in applying for awards to be set aside on grounds of public policy, the Hong Kong Court of First Instance (CFI) has dismissed an application to set … Continue reading

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

Hong Kong court upholds constitutionality of limits on appeal

In Wing Bo Building Construction Company Limited v Discreet Limited (HCA 146/2015) the Hong Kong Court of First Instance ("CFI") has upheld the constitutionality of s.20(8) Arbitration Ordinance, which provides that CFI decisions to stay proceedings in favour of arbitration … Continue reading

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Filed under Arbitration proceedings, Asia, Hong Kong & China, Jurisdiction

Hong Kong court clarifies test for security pending set aside application

The Hong Kong Court of First Instance has confirmed the test under s.89(5) Arbitration Ordinance for granting security for the award, pending an application to set aside the award at the seat. The court held that same test applies where … Continue reading

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Filed under Arbitration laws, Awards, Hong Kong & China

Hong Kong CFI stays proceedings in favour of arbitration notwithstanding defendant’s submission to Hong Kong courts; upholds arbitration agreement contained in related contract

The Hong Kong CFI has stayed a claim under a deed of guarantee pending arbitration on the basis of an arbitration agreement in a Subscription Agreement containing the guaranteed obligations (Bluegold Investment Holdings Ltd v Kwan Chun Fun Calvin [2016] … Continue reading

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Filed under Arbitration clauses, Arbitration laws, 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

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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

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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

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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

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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

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Filed under Hong Kong & China, Institutions, News