Tag Archives: Arbitration

ENGLISH COURT OF APPEAL CONSIDERS DISCLOSURE OF ARBITRAL APPOINTMENTS IN RELATED OR OVERLAPPING REFERENCES

In Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817, the English Court of Appeal was asked to consider: whether it is possible for an arbitrator to accept multiple appointments with overlapping reference and one common party, without … Continue reading

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Filed under Arbitrators, Procedures in arbitration

HKIAC 2017 CASE STATISTICS

The HKIAC has recently published its case statistics for 2017, showing a continued healthy demand for its services. The HKIAC saw a 15.7% increase in its caseload compared to 2016, with the total amount in dispute in HKIAC arbitrations doubling … Continue reading

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Filed under ADR, Arbitration rules, Arbitrators, Awards, Challenges to awards, Emergency Arbitration, Expedited Arbitration, Hong Kong & China, Institutions, Publications and Guides

Podcast: How Arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or “ADR”) can work together. The podcast considers how parties can agree to an ADR process in addition to, or … Continue reading

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Filed under ADR, Arbitration proceedings, Podcast

Hong Kong judge defers to arbitration in dismissing winding up petition

In a recent Court of First Instance case before Harris J, Southwest Pacific Bauxite (HK) Ltd (Company) sought to strike out a winding-up petition issued against it by Lasmos Ltd (Petitioner). The ground of insolvency relied on by the Petitioner … Continue reading

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Filed under Arbitrability, Arbitration clauses, Asia, Court intervention, East Asia, Hong Kong & China, Winding-up

HKIAC signs cooperation agreement with Russia’s IMA

On 6 March 2018, the Hong Kong International Arbitration Centre (HKIAC) and the Institute of Modern Arbitration of the Russian Federation (IMA) signed a Cooperation Agreement that aims to support and promote the development of international arbitration and other dispute … Continue reading

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Filed under Arbitration rules, Asia, East Asia, Hong Kong & China, Institutions, Russia

HONG KONG COURT REFUSES LEAVE TO APPEAL AN ARBITRAL AWARD IN “DOMESTIC” ARBITRATION

In A and Others v Housing Authority (HCCT 54/2017), the Hong Kong Court of First Instance (Court) reiterated the high threshold for leave to appeal an arbitral award on a question of law.  In dismissing the Plaintiffs’ application, the Court … Continue reading

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Filed under ADR, Asia

SCIA AND SAC ARBITRATION INSTITUTIONS MERGE TO FORM NEW ARBITRATION CENTRE IN SHENZHEN

On 8 January 2018, the South China International Economic and Trade Arbitration Commission, also known as the Shenzhen Court of International Arbitration (SCIETAC/SCIA) and the Shenzhen Arbitration Commission (SAC) announced that they have merged to form one arbitration institution known … Continue reading

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Filed under ADR, Asia, Hong Kong & China

Arbitration: its growth, practical uses and limitations in an employment law context

There is a growing appetite to resolve employment disputes by arbitration.  This is the finding of the UK Employment Lawyers Association (ELA) which published its Report on Arbitration and Employment Disputes in November 2017.  The Report, a product of over two years … Continue reading

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Filed under Arbitrability, Europe, Jurisdiction

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 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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Filed under ADR, Asia, Enforcement, Hong Kong & China