Error: Can't connect Warning: mysqli_query() expects parameter 1 to be mysqli, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 186
Warning: mysqli_fetch_assoc() expects parameter 1 to be mysqli_result, null given in /home/customer/www/hsfnotes.com/public_html/wp-content/themes/hsfnotes/template-parts/tpl_filters.php on line 187
The Hong Kong Court of First Instance has stayed tortious claims relating to “trademark squatting” commenced pursuant to an exclusive jurisdiction clause in favour of CIETAC arbitration in the PRC (Sesderma, S.L. v Seeky International Limited and Golong Co., Ltd [2023] HKCFI 1619). Read more
HSF Partner Simon Chapman KC, Senior Associate Charlie Morgan, Associate Olga Dementyeva and Trainee Solicitor Dan Huang have recently written an article for LexisPSL on the English Court’s decision in Soleymani v Nifty Gateway LLC (“Nifty”) (The Competition and Markets Authority intervening) [2022] EWCA Civ 1297. Read more
A recent judgment of the Queensland Court of Appeal provides a further example of the pro-enforcement stance adopted by Australian courts in relation to arbitration agreements. Read more
Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of a CIETAC award pending a challenge to the award at the seat of arbitration in Beijing. The stay was granted in deference to the jurisdiction of the … Read more
HSF Partner Simon Chapman QC and Associate Olga Dementyeva have recently written an article for LexisPSL on the English Court’s decision in Soleymani v Nifty Gateway [2022] EWHC 733 (Comm) relating to non-fungible tokens (NFTs). The article can be found here. This article was first published by Lexis®PSL on 11 April 2022 and can be found … Read more
In Fairpark Estates Ltd and others v Heals Property Developments Ltd [2022] EWHC 496 (Ch), the English High Court upheld an order dismissing the appellants’ application for a stay of legal proceedings. The Court found that the appellants had taken steps in the proceedings to answer the substantive claims, so could not apply for a … Read more
The Malaysian High Court has refused to impose a condition on a party seeking a stay of proceedings under section 10 of the Arbitration Act 2005 to pay its share of the deposit in the arbitration, on the basis that the issue of costs and expenses of an arbitration are within the exclusive jurisdiction of … Read more
In a recent decision, the Hong Kong Court of First Instance stayed a winding-up petition on just and equitable grounds in favour of arbitration, and refused to require the applicant to satisfy the more onerous test as is applied to a case management stay. China Europe International Business School v Chengwei Evergreen Capital LP (formerly … Read more
In the recent case of Deposit Guarantee Fund for Individuals v Bank Frick & Co AG [2021] EWHC 3226 (Ch), the English High Court has held that a defendant’s application to stay court proceedings in favour of arbitration pursuant to s9 of the Arbitration Act 1996 (Act) should be heard before its alternative summary judgment … Read more