Hong Kong & China

Chinese Supreme People’s Court issues five-year reform plan to enhance judicial independence

Background The Supreme People’s Court of China (“SPC“) issued its fourth five-year reform plan for courts on 9 July 2014.   The reform is one of the top priorities of President Xi Jinping’s administration, and has the stated aim of strengthening … Continue reading

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Filed under Hong Kong & China

“Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” – 6th edition now available

Herbert Smith Freehills has published the 6th edition of our popular guide “Dispute Resolution and Governing Law Clauses in China-related Commercial Contracts” (also known as the “Dragon Book”) The guide is aimed principally at multinational companies negotiating China-related commercial contracts. … Continue reading

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Filed under Arbitration clauses, Asia, Hong Kong & China

Hong Kong court dismisses claim against HKIAC

In yet another example of robust judicial support for arbitration in Hong Kong, the Hong Kong Court of First Instance has dismissed a claim brought against the HKIAC by a party to an HKIAC administered arbitration. The plaintiff in the … Continue reading

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Filed under Arbitration laws, Arbitration rules, Arbitrators, Hong Kong & China

Global Law and Business – Arbitration of M&A Transactions: A Practical Global Guide

Herbert Smith Freehills disputes experts have authored two regional chapters in the Global Law and Business Arbitration of M&A Transactions: A Practical Global Guide. The firm’s Head of Dispute Resolution, Asia and Japan Managing Partner Peter Godwin, and Tokyo-based trainee … Continue reading

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Filed under Arbitrability, Arbitration laws, Confidentiality, Enforcement, Hong Kong & China

Herbert Smith Freehills wins China award as Dispute Resolution International Law Firm of the Year

Herbert Smith Freehills has again won the title of “Dispute Resolution International Law Firm of the Year – Hong Kong & China” at the Chambers and Partners Awards ceremony held in Hong Kong on 17 February 2014. The awards reflect … Continue reading

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Filed under Asia, Hong Kong & China, News

Herbert Smith Freehills’ Justin D’Agostino appointed to the HKIAC Executive Committee

We are pleased to announce the appointment of Justin D’Agostino to the Hong Kong International Arbitration Centre (HKIAC) Executive Committee.   In advance of the HKIAC’s 30th anniversary and following the recent revision of the HKIAC Administered Arbitration Rules (see … Continue reading

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

Hong Kong/Macao enforcement arrangement takes effect

On 16 December 2013, the Arrangement Concerning Reciprocal Recognition and Enforcement of Arbitral Awards between the Hong Kong SAR and the Macao SAR (the Arrangement) came into force. The Arrangement, which was signed on 7 January 2013, is implemented by … Continue reading

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Filed under Arbitration laws, Arbitration rules, Awards, Enforcement, Hong Kong & China, Macao, New York Convention

China’s highest court addresses CIETAC split

The Supreme People’s Court of China (the SPC) has taken steps to bring consistency to decisions involving CIETAC, China’s largest arbitral commission, and its breakaway sub-commissions in Shanghai and Shenzhen. (See our posts of 14 August 2012 and 12 July 2013 for … Continue reading

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

Arthur Ma Joins Herbert Smith Freehills’ Global Arbitration Practice

The Global Arbitration Practice is pleased to announce that Arthur Ma is joining the international arbitration team in Beijing as Counsel and Emily Lam is joining the firm’s Hong Kong office as a Senior Consultant. Arthur is a Chinese national and has … Continue reading

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Filed under Hong Kong & China, News

Hong Kong Court of Final Appeal Confirms Principle of Indemnity Costs for Unsuccessful Set Aside Application

In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that parties who unsuccessfully challenge arbitral awards will generally be ordered to pay costs on … Continue reading

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Filed under Asia, Challenges to awards, Costs, Hong Kong & China