Asia

Hong Kong confirms IP rights are arbitrable

Hong Kong has now enacted amendments to its Arbitration Ordinance (Cap. 609), clarifying that disputes over intellectual property rights (IPRs) may be resolved by arbitration and that it is not contrary to Hong Kong public policy to enforce arbitral awards … Continue reading

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Filed under ADR, Arbitrability, Arbitration laws, Asia, Hong Kong & China

Hong Kong allows third party funding for arbitration and mediation

Hong Kong's Legislative Council today passed a law allowing third parties to fund arbitrations seated in the territory, as well as work done in Hong Kong for arbitrations seated elsewhere, and for mediations. This development has been long anticipated, and … Continue reading

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Filed under Asia, Hong Kong & China

Hong Kong court upholds execution against PRC State Owned Enterprise, rejecting claim of crown immunity

In TNB Fuel Services SDN BHD v. China National Coal Group Corporation HKCFI 1016, the Hong Kong Court of First Instance ("HKCFI") rejected a claim of crown immunity by a PRC State Owned Enterprise ("SOE") and upheld an order for … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China

Hong Kong Court rules on staying execution of arbitral enforcement order

Overview In Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118, the Hong Kong Court of First Instance considered that enforcement of arbitral awards should be subject to the same regime as governs the stay of execution of an … Continue reading

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Singapore High Court holds mandatory arbitration agreement in company constitution operative despite earlier litigation

The Singapore High Court ("Singapore Court") has clarified a number of issues concerning the content, scope and operability of arbitration agreements.  Of particular note is the Singapore Court's view on the extent to which a party's choice to subject a … Continue reading

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Filed under ADR, Asia

Hong Kong Arbitration Ordinance – end of the automatic opt-in

Parties entering into an agreement on or after 1 June 2017 that provides for arbitration in Hong Kong can no longer rely on Section 100 of Hong Kong's Arbitration Ordinance and automatically opt-in to Schedule 2 simply by providing for … Continue reading

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Filed under ADR, Arbitration laws, Asia, Hong Kong & China

New KLRCA Rules 2017 – a step towards more efficient arbitrations in South East Asia

On 1 June 2017, the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA") published its updated arbitration rules (the "KLRCA Rules 2017"). The KLRCA has seen a steep increase in cases over recent years reflecting Malaysia's growing importance as a … Continue reading

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Filed under Arbitration rules, Asia, Procedures in arbitration, South East Asia

CIETAC launches first public-private partnership arbitration centre in China

On 16 May 2017, the China International Economic and Trade Arbitration Commission (CIETAC) launched the CIETAC Public-Private Partnership (PPP) Arbitration Centre. The opening ceremony was attended by Wang Chengjie, the CIETAC Secretary General and Vice Chairman, Jiao Xiaoping, Director of … Continue reading

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The European Court of Justice renders its opinion on the EU-Singapore free trade agreement: investment chapter is not within EU’s exclusive competence

On 16 May, 2017 the European Court of Justice (the Court) rendered its Opinion on the competence of the European Union to conclude the Free Trade Agreement (FTA) with Singapore. The Opinion recognises exclusive EU competence over most of the … Continue reading

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Filed under Asia, EU, EU Law, Europe, Investment Arbitration, ISDS, Public International Law, South East Asia

Singapore Court of Appeal confirms the validity of “unilateral option to arbitrate” clauses

In the recent decision of Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd [2017] SGCA 32, the Singapore Court of Appeal confirmed that the Singapore courts will enforce a dispute resolution clause which gives only one party the … Continue reading

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Filed under Arbitration clauses, Asia, Enforcement, South East Asia