Hong Kong one step closer to arbitration success fees

Amendments to the Arbitration Ordinance, gazetted today, are the latest stage in the process to allow lawyers to charge based on success in an arbitration. The amendments, long-awaited by clients, passed Hong Kong’s legislative review quickly and without substantive amendment, demonstrating the strong support in the territory for these long-awaited changes. Hong Kong has enacted … Read more

Indian Supreme Court orders arbitrator backlog to be cleared

The Indian Supreme Court has directed the High Courts to decide within six months applications to appoint arbitrators that have been pending for over a year.  While the judgment will help reduce a large backlog, it highlights the importance of designating an arbitral institution to oversee the case and appoint the arbitrators to avoid the … Read more

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

Herbert Smith Freehills has secured an important judgment from the Hong Kong Court of Appeal, C v D [2022] HKCA 729, regarding escalation clauses – contractual provisions which require negotiation or mediation before either party can begin formal proceedings. These clauses are intended to promote the efficient resolution of disputes, but often lead to costly litigation. … Read more

Future of Consumer APAC: Managing and exiting distribution agreements

James Allsop and Kathryn Sanger discuss the key issues arising out of their recent experience of contentious termination and expiry of distribution agreements, including utilising escalation steps in dispute resolution clauses, self-help remedies, interim-measures and brand protection. Watch Listen Herbert Smith Freehills Podcasts · Future of Consumer APAC: Managing and exiting distribution agreements About the … Read more

Hong Kong gazettes success fee Bill

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a … Read more


For the third consecutive year (see our previous updates here and here), we analyse publicly available institutional arbitration caseload statistics of various arbitral institutions around the world to understand the trend of Malaysian participation and usage of institutional arbitration. Our analysis of the numbers confirms a general preference by Malaysian parties for arbitrations conducted by … Read more

Malaysian Federal Court provides guidance on identifying place of arbitration in Malaysia for the purpose of determining the supervisory court of the arbitration

In Masenang Sdn Bhd v Sabanilam Enterprise Sdn Bhd (Civil Federal Court Civil Appeal No.: 02(i)-20-03/2020(S)), the Federal Court held that the courts of first instance of the place specified as the seat of arbitration in Malaysia has exclusive supervisory jurisdiction over arbitrations seated in that place, including any award arising from such proceedings. In … Read more

AIAC launches new arbitration rules for public consultation

On Sunday, 20 June 2021, the Asian International Arbitration Centre (AIAC) launched its new International Arbitration Rules for public comment following extensive consultations with an international External Advisory Committee for the Revision of the AIAC Arbitration Rules (including Peter Godwin, Partner, HSF Kuala Lumpur). A copy of the draft rules can be found here. The … Read more

Hong Kong arbitration internships 2021/2022 – applications now open

Herbert Smith Freehills invites applications for internships with the firm’s international arbitration group in Hong Kong. Five internship positions are available, each for three to four month periods (not extendable). Interns will work alongside our international arbitration team and will have a varied workload, including assistance with current arbitrations and other client work; arbitration-related research; … Read more