Hong Kong constitutionality challenge – leave to appeal denied

30 December, 2015
The Hong Kong Court of Appeal (CA) has rejected an application for leave to appeal to the Hong Kong Court of Final Appeal from its previous judgment that upholds the constitutionality of s.81(4) of the Arbitration Ordinance (Cap. 609), under which a party who wishes to appeal a Court of First Instance (CFI) decision on … Read more

U.S. District Court allows Gold Reserve to enforce its award against Venezuela in Washington, D.C.: Gold Reserve Inc., v. Bolivarian Republic of Venezuela

23 December, 2015
In September 2014, Gold Reserve won a significant arbitral award ("Award") worth more than US$760 million (and counting, because of post-award interest) against Venezuela for breach of investor-protection standards under the Canada-Venezuela bilateral investment treaty ("Treaty"). In the arbitration, Gold Reserve successfully argued that Venezuela's revocation of certain licenses for gold extraction held by Gold … Read more

Yemen: Managing disputes arising out of the current instability

18 December, 2015
Yemen is currently suffering severe political, military and economic instability. The humanitarian impact of the conflict in Yemen is considerable and the vast majority of the Yemeni people have been left without full access to basic services and commodities.  The economic situation also looks bleak, and revenue from oil exports is decreasing due to falling … Read more

Astro v Lippo: First Media granted leave to appeal in Hong Kong

18 December, 2015
In the latest development in the Astro v Lippo dispute, First Media (part of the Lippo Group and an unsuccessful defendant in Singapore-seated arbitration) has been granted leave to appeal the decision of the Hong Kong Court of First Instance of earlier this year which dismissed First Media's application for an extension of time to … Read more

Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

17 December, 2015
In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of the arbitration clause and the fact that the Singapore court had declined to grant an … Read more

ICSID issues Practice Notes for Respondents in ICSID Arbitration aimed at helping states avoid investment disputes and demystifying ICSID procedure

17 December, 2015
ICSID has published Practice Notes for Respondents in ICSID Arbitration (the "Notes"), a 31 page practical guidance note on ICSID arbitration brought under the ICSID Convention or the ICSID Additional Facility Rules. The Notes aim to answer the questions most frequently asked of ICSID by respondent states and investors. In particular, they are intended to … Read more

SIAC reports on arbitration rules review progress and announces new investment arbitration rules

14 December, 2015
As previously reported (see our previous blog posts here), the Singapore International Arbitration Centre (SIAC) is undertaking a review of its rules.  SIAC Court of Arbitration President, Gary Born, has recently provided further details of the review, including some potentially significant developments.   Among the substantive amendments being considered for the 2016 rules are the introduction … Read more

Video Post in Observations on Arbitration series: the Seat of Arbitration

11 December, 2015
In this short video in our Observations on Arbitration series, Hannah Ambrose, Professional Support Consultant in our International Arbitration practice, considers the relevance of the choice of seat of arbitration. Hannah discusses what the legal and practical consequences of the choice of seat, the features of so-called “safe” seats, relevant considerations on choosing an unfamiliar seat … Read more

Hong Kong Court extends indemnity costs principle to arbitration agreement challenges

11 December, 2015
In Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Ltd (HCA 2416/2014), the Hong Kong Court of First Instance (CFI) has confirmed that a party who unsuccessfully challenges an arbitration agreement before the court should expect to pay costs on an indemnity basis, unless special circumstances can be shown. Background The plaintiff commenced … Read more