HKIAC 2022 CASE STATISTICS SHOW STRONG GROWTH AND CONTINUED APPEAL OF HONG KONG AS A LEADING SEAT

The HKIAC’s arbitration caseload reached its highest level for more than a decade last year, according to the institution’s recently released 2022 case statistics.  The figures underline Hong Kong’s continuing international appeal as well as its unique strengths as a seat for China-related disputes.  They also show that Hong Kong’s arbitration third party funding regime, … Read more

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

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

Hong Kong Court Clarifies Threshold for Setting Aside Awards

A Hong Kong Court recently adopted a resoundingly pro-arbitration stance in a decision which emphasised the high thresholds of irregularity that would need to be established before an arbitration award can be set aside. In LY v HW, [2022] HKCFI 2267, the Court dismissed an application to set aside an award based on claims that … Read more

HKIAC USERS GAIN ADDITIONAL ROUTE TO MAINLAND INTERIM RELIEF AND ENFORCEMENT

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

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

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

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