ADR

HKIAC 2017 CASE STATISTICS

The HKIAC has recently published its case statistics for 2017, showing a continued healthy demand for its services. The HKIAC saw a 15.7% increase in its caseload compared to 2016, with the total amount in dispute in HKIAC arbitrations doubling … Continue reading

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Filed under ADR, Arbitration rules, Arbitrators, Awards, Challenges to awards, Emergency Arbitration, Expedited Arbitration, Hong Kong & China, Institutions, Publications and Guides

Global Pound Conference report published

The Global Pound Conference series – a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century – brought together over 4000 dispute resolution stakeholders, at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills, … Continue reading

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Filed under ADR, Global Pound Conference

Podcast: How Arbitration and ADR can be used together

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or “ADR”) can work together. The podcast considers how parties can agree to an ADR process in addition to, or … Continue reading

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Filed under ADR, Arbitration proceedings, Podcast

India announces further amendments to the Arbitration Act to strengthen institutions and clarify previous reforms

According to this press release, on 7 March 2018, the Indian Cabinet approved a draft Bill to amend the Arbitration and Conciliation Act, 1996 (“Arbitration Act“). The press release indicates that the Bill will focus on building institutional support for … Continue reading

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Filed under ADR, Arbitration laws, Asia, Confidentiality, India

HONG KONG COURT REFUSES LEAVE TO APPEAL AN ARBITRAL AWARD IN “DOMESTIC” ARBITRATION

In A and Others v Housing Authority (HCCT 54/2017), the Hong Kong Court of First Instance (Court) reiterated the high threshold for leave to appeal an arbitral award on a question of law.  In dismissing the Plaintiffs’ application, the Court … Continue reading

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Filed under ADR, Asia

SCIA AND SAC ARBITRATION INSTITUTIONS MERGE TO FORM NEW ARBITRATION CENTRE IN SHENZHEN

On 8 January 2018, the South China International Economic and Trade Arbitration Commission, also known as the Shenzhen Court of International Arbitration (SCIETAC/SCIA) and the Shenzhen Arbitration Commission (SAC) announced that they have merged to form one arbitration institution known … Continue reading

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Filed under ADR, Asia, Hong Kong & China

HK Court reconciles jurisdiction and arbitration clauses to order s.20(1) stay

In Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on … Continue reading

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Filed under ADR, Arbitration clauses, Arbitration laws, Asia, Hong Kong & China

Facilitating the Belt and Road: CIETAC launches investment arbitration rules

On 1 October 2017, the International Investment Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC Investment Arbitration Rules or Rules) came into force.  This is the first set of investment arbitration rules ever promulgated by a … Continue reading

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Filed under ADR, Arbitration rules, Asia, Hong Kong & China, Investment Arbitration, News

ICC and KLRCA sign MoU to promote dispute resolution in Asia

On 1 November 2017, the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the International Court of Arbitration of the International Chamber of Commerce (ICC) signed a Memorandum of Understanding (MoU), agreeing to work together to promote dispute resolution in … Continue reading

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Filed under ADR, Asia, News

Singapore High Court dismisses stay applications on basis of repudiatory breach of med-arb agreements

In Heartronics Corporation v EPI Life Pte Ltd and Others [2017] SGHCR 17, the Singapore High Court considered applications to stay proceedings pursuant to arb-med-arb clauses in the relevant agreements. The defendant had argued that even if attempts at mediation … Continue reading

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Filed under ADR, Arbitration clauses, Arbitration laws, Asia