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… Read more

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… Read more

In Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on… Read more

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force.  This is the first set of investment arbitration rules ever promulgated by a… Read more

On 1 November 2017, the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC) signed a Memorandum of Understanding (MoU), agreeing to work together to promote dispute resolution in… Read more

In Heartronics Corporation v EPI Life Pte Ltd and Others [2017] SGHCR 17, the Singapore High Court considered applications to stay proceedings pursuant to arb-med-arb clauses in the relevant agreements. The defendant had argued that even if attempts at mediation… Read more

  The Australian judiciary has again proven that Australia is a pro-arbitration destination, by recognising and enforcing an award and decision rendered under the rules of the International Centre for Settlement of Investment Disputes (ICSID). In Lahoud v The Democratic… Read more

In Ve Global UK Limited v Charles Allard Jr and Intelita Limited, HCMP1678/2017, 10 October 2017, the Hong Kong Court of First Instance continued injunctions and dismissed the Defendants' allegation of abuse of process in respect of the Plaintiff's delay… Read more

On 12 September 2017, the People’s Republic of China (PRC) signed the Hague Convention on Choice of Court Agreements (Convention).  The Convention, in force since 1 October 2015, seeks to provide certainty in cross-border litigation by allowing parties to choose… Read more

Overview Since its establishment in 1977, BANI (Badan Arbitrase Nasional Indonesia) has been the most active arbitral institution in Indonesia. With offices across the country, its own rules and procedures and over 100 Indonesian and foreign arbitrators on its list,… Read more

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law.… Read more

On 21 July 2017, the Beijing No. 4 Intermediate People's Court enforced a Hong Kong award in favour of Stonewall Resources Limited (Stonewall), an Australian listed gold mining company.  The HKIAC award is related to breach by Shandong Qixing Iron… Read more

Taiwan's Chinese Arbitration Association ("CAA") has adopted new arbitration rules for arbitrations seated outside Taiwan. The Chinese Arbitration Association Rules, International (known as the "CAAI Rules") came into effect on 1 July 2017 and are intended to apply to arbitrations… Read more

The Singapore International Arbitration Centre (SIAC) has opened its second representative office in India in the International Financial Services Centre (GIFT IFSC) in GIFT, Gujarat, to assist in the promotion of international commercial arbitration Pursuant to Prime Minister Modi's push… Read more

As previously reported here and here, the Mumbai Centre for International Arbitration (MCIA) was launched in October 2016, to promote institutional arbitration in India. The MCIA has been established as a joint initiative between the government of Maharashtra in India… Read more

On 18 July 2017, Australia became the first state in the Asia-Pacific region to sign the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention. Globally, Australia was the 21st signatory to the Mauritius… Read more

On 13 July, Hong Kong’s Legislative Council passed a law (the Apology Law) intended to facilitate the resolution of civil disputes in the territory. The Apology Law, which is expected to be gazetted and come into force shortly, reforms the… Read more

The last two months have delivered three notable developments in China-related investment arbitrations.  In addition to the third known claim to be lodged at ICSID against the People's Republic of China (PRC), two recent and potentially inconsistent decisions in claims… Read more

A recent judgment from the Hong Kong High Court (Chen Hongqing v Mi Jingtian) illustrates the manner in which parties may seek interim relief in Hong Kong to support arbitral proceedings being conducted elsewhere – in this case, the appointment… Read more

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… Read more

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… Read more

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… Read more

Hong Kong's status as a leading international dispute resolution hub is well-known. It enjoys a strong, independent judiciary as well as world class international arbitration services. Mediation and other forms of ADR are heavily supported by a myriad of institutions.… Read more

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… Read more

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… Read more

Overview We reported previously (here) on the Singapore Parliament's passage of the Civil Law (Amendment) Bill (Bill No. 38/2016) (Bill) on 10 January 2017. The Bill entered into force on 1 March 2017 as the Civil Law (Amendment) Act 2017… Read more

 The third edition of our ADR in Asia Pacific Guide spotlights alternative dispute resolution (ADR) in Indonesia.  We summarise the state of play in relation to ADR in Indonesia and its interplay with adversarial processes like litigation and arbitration. We… Read more

On 30 December 2016, the Thai Arbitration Institute (the "TAI") published updated arbitration rules (the "TAI Rules 2017"). The rules came into force on 31 January 2017 and, unless otherwise agreed by the parties, will apply to all TAI arbitrations… Read more

South Africa’s draft regulations for investor-state mediation require refinement to work effectively with international arbitration. Interested parties have until 28 February 2017 to comment on draft Regulations on Mediation Rules (Regulations) published by South Africa’s Department of Trade and Industry… Read more

Hong Kong Lawyer has published an article by Julian Copeman, partner, and Anita Phillips, professional support consultant, discussing commercial dispute resolution in Hong Kong and what the Global Pound Conference series has highlighted for change at other events across the… Read more