The Hong Kong Court of First Instance has refused to set aside an enforcement order for a US award on the basis that the arbitration agreement was invalid, the defendant was unable to present its case, or it would be contrary to Hong Kong public policy to enforce the award (Construction Company v Guarantor [2021] … Read more

The Hong Kong International Arbitration Centre has released an updated report on the average costs and duration of HKIAC arbitral proceedings, following previous reports in 2018 and 2016. The report demonstrates that HKIAC offers parties administered arbitration, as well as expedited and emergency proceedings, that are both efficient and reasonably priced. The updated report reflects … Read more

In a “highly unusual case“, the Hong Kong High Court has held an award rendered in HKIAC arbitration proceedings “manifestly invalid” on the basis that the tribunal’s findings were inconsistent with an earlier award rendered in a separate arbitration but involving the same parties and one of the same arbitrators. The dispute in W v … Read more

Herbert Smith Freehills has secured an important victory in Hong Kong proceedings with far-reaching consequences for arbitration disputes around the world. Many commercial contracts contain “escalation clauses” requiring parties to take certain steps before formal arbitration begins – such as a requirement to “negotiate in good faith” before starting arbitration. Previously, failure to comply with … Read more

In a previous post, we reported the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which was concluded on 27 November 2020. The Supplemental Arrangement was a welcome development that clarified and removed certain restrictions in the mutual enforcement regime between Hong Kong and Mainland … Read more

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

In arbitral proceedings where the respondent was wrongly named, the Hong Kong Court of First Instance has set aside the arbitral award on the basis that the named respondent is not a party to the arbitration agreement and was not given proper notice of the proceedings. This rare example of a successful set-aside application demonstrates … Read more

The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy. Despite the outcome being that the main action and the third party proceedings will ultimately be pursued in different forums, … Read more