Breaking: Mainland Chinese courts can order interim relief for HK arbitrations

The Hong Kong SAR Government and China’s Supreme People’s Court today signed a mutual assistance pact on interim relief in support of arbitration. For the first time, Mainland Chinese courts will be able to order interim measures in support of Hong Kong-seated arbitrations. This historic agreement makes Hong Kong SAR the only seat outside the … Read more

HONG KONG’S FUNDING LAW NOW IN FORCE

Hong Kong’s long-awaited legislation permitting third parties to fund arbitrations and related proceedings takes effect today. As heralded in our earlier posts, this is a widely welcomed development in one of the world’s leading arbitral seats, and is expected to generate considerable activity. If you have questions on the new law, funders’ Code of Practice, … Read more

JCAA Announces New Sets of Rules

Overview The Japan Commercial Arbitration Association (JCAA) has issued an announcement that it is (i) amending its two current sets of arbitration rules and (ii) introducing a revolutionary set of rules designed to provide efficient and cheap civil-law style arbitration. In its introduction to an initial call for public comments on the drafts, the JCAA … Read more

Hong Kong’s funding code published

As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018. Publication of the Code has removed the final hurdle to third party funding of Hong Kong arbitrations. The law that allows such funding will come into effect on 1 February 2019, … Read more

KCAB Releases Draft Protocol on Video Conferencing

At the 7th Asia Pacific ADR Conference in Seoul earlier this month, the Korean Commercial Arbitration Board (KCAB) unveiled its Draft Seoul Protocol on Video Conferencing in International Arbitration. The Draft Protocol is intended to serve as a guide for best practices for planning, testing and performing video conferencing for international arbitrations. Read more

Back whence it came: Hong Kong Court remits Award for serious irregularity

A tribunal had decided liability and awarded sums as due on a basis not advanced by the claimant. In P v M [2018] HKCFI 2280, The Hong Kong Court of First Instance decided that this approach breached the “fundamental rule of natural justice that each party should be given the fair and reasonable opportunity to … Read more