THE USUAL SUSPECTS PROJECT: DECIPHERING DECISION-MAKING IN ARBITRATOR SELECTION

24 November, 2022
The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called ‘The Usual Suspects Project’ with the support of a number of organisations including Herbert Smith Freehills. The project examines the decision-making process behind the selection of party-appointed arbitrators. The project will also reveal how factors such as diversity are considered … Read more

HKIAC USERS GAIN ADDITIONAL ROUTE TO MAINLAND INTERIM RELIEF AND ENFORCEMENT

06 July, 2022
The Supreme Peoples’ Court of the People’s Republic of China (SPC) has recently announced that the Hong Kong International Arbitration Centre (HKIAC) is to be included in the China International Commercial Court’s (CICC) “One-Stop” Platform for Diversified International Commercial Dispute Resolution (“One-Stop” Platform). According to the Rules of the Supreme People’s Court on International Commercial … Read more

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

04 July, 2022
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

Hong Kong one step closer to arbitration success fees

30 June, 2022
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

16 June, 2022
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

07 June, 2022
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

06 June, 2022
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

28 March, 2022
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