Hong Kong & China

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

Astro and Lippo – the Hong Kong leg: important lessons and potential risks for award-debtors

First Media, part of the Lippo Group and the unsuccessful defendant in a Singapore-seated arbitration, has failed to resist enforcement in Hong Kong of Awards that the Singapore Court of Appeal had previously refused to enforce because they were made … Continue reading

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Filed under Awards, Challenges to awards, Hong Kong & China, New York Convention

Herbert Smith Freehills cements its position as the leading international arbitration practice in Asia Pacific

Herbert Smith Freehills is pleased to announce that the firm has once again been ranked as the only firm in Band One for International Arbitration across the Asia Pacific region. The ranking was confirmed in the latest 2015 edition of … Continue reading

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Filed under Asia, Australia, Hong Kong & China, News, South East Asia

Supreme People’s Court promulgates comprehensive judicial interpretation on PRC Civil Procedure Law

On 30 January 2015, the PRC Supreme People’s Court (SPC) promulgated its Judicial Interpretation of the Civil Procedure Law (the Interpretation)[1] which came into effect on 4 February 2015. The Interpretation aims to assist implementation of the current Civil Procedure … Continue reading

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Filed under Hong Kong & China, News

Hong Kong Arbitration Ordinance: more amendments proposed

For the second time in two years, Hong Kong’s government has announced that it will introduce amendments to the Arbitration Ordinance (Cap. 609). The proposed amendments are designed to remove legal uncertainties relating to the Schedule 2 “opt-in mechanism” for domestic … Continue reading

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Filed under Asia, Hong Kong & China

Shanghai court ruling confirms SHIAC’s jurisdiction over arbitrations referred to “CIETAC Shanghai Sub-commission”

On 4 January 2015, only three days after the China International Economic and Trade Arbitration Commission (CIETAC) announced the reorganisation of its Shanghai and South China/Shenzhen sub-commissions (see our post of 31 December 2014), the Shanghai International Arbitration Centre (SHIAC) … Continue reading

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

CIETAC to restructure its Shanghai and South China/Shenzhen sub-commissions

On 31 December 2014, the China International Economic and Trade Arbitration Commission (CIETAC) and the China Council for the Promotion of International Trade (China Chamber of International Commerce) (CCPIT) published announcements declaring to “restructure” the CIETAC Shanghai and South China/Shenzhen … Continue reading

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

Hong Kong court confirms pro-arbitration interpretation of mandatory stay provision

In Schindler Lifts (Hong Kong) Ltd v Sui Chong Construction and Engineering Co Ltd [2014] HKEC 1967, the Hong Kong District Court ordered stay of an action pending referral of the dispute to arbitration, despite the defendant having filed a … Continue reading

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Filed under Arbitration clauses, Hong Kong & China

Significant developments in international arbitration in Australia in 2014

This year there have been several important cases in the international arbitration space in Australia, as well as the introduction of new arbitral and court rules, and significant developments in relation to investment treaty arbitration for Australian investors.

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