Arbitration laws

Hong Kong Court continues injunction in aid of foreign arbitral proceedings

In Ve Global UK Limited v Charles Allard Jr and Intelita Limited, HCMP1678/2017, 10 October 2017, the Hong Kong Court of First Instance continued injunctions and dismissed the Defendants’ allegation of abuse of process in respect of the Plaintiff’s delay … Continue reading

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Filed under ADR, Arbitration laws, Arbitration proceedings, Hong Kong & China

Fiji’s International Arbitration Act 2017

On 15 September 2017,Fiji passed the International Arbitration Act 2017 (the Act). The Act, which is based on the United Nations Commission on International Trade Law on International Commercial Arbitration 1985 (incorporating the 2006 amendments) (Model Law), implements Fiji’s commitments … Continue reading

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Filed under Arbitration laws, Asia, News, Uncategorized

Paris court rejects application for review and withdrawal of arbitral enforcement order, despite allegations of fraud

The Paris Court of First Instance has rejected an application for the review and withdrawal of an enforcement order of an arbitral award, despite allegations of fraud and collusion between the arbitrator and the claimant. It also refused to the … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Enforcement - Europe, Europe

A tale of two BANIs – Uncertainties abound as latest court ruling questions legitimacy of Indonesia’s national arbitration centre

Overview Since its establishment in 1977, BANI (Badan Arbitrase Nasional Indonesia) has been the most active arbitral institution in Indonesia. With offices across the country, its own rules and procedures and over 100 Indonesian and foreign arbitrators on its list, … Continue reading

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Filed under ADR, Arbitration laws, Asia

Australian Court sets aside an international arbitration award and removes an arbitrator

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. … Continue reading

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Filed under ADR, Arbitration laws, Australia, Awards, Challenges to awards

MCIA recognised by the Supreme Court of India as an appointing institution

As previously reported here and here, the Mumbai Centre for International Arbitration (MCIA) was launched in October 2016, to promote institutional arbitration in India. The MCIA has been established as a joint initiative between the government of Maharashtra in India … Continue reading

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Filed under ADR, Arbitration laws, Asia

Hong Kong Court upholds refusal to stay execution of enforcement order

Overview The Hong Kong Court of First Instance (CFI) has denied leave to appeal its May 2017 decision in  Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118. In that decision (see our previous post), Chow J refused to … Continue reading

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Filed under Arbitration laws, Awards, Enforcement, Hong Kong & China

Australia is the first state in the Asia-Pacific region to sign the Mauritius Convention

On 18 July 2017, Australia became the first state in the Asia-Pacific region to sign the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention. Globally, Australia was the 21st signatory to the Mauritius … Continue reading

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Filed under ADR, Australia, UNCITRAL Model Law

Hong Kong confirms IP rights are arbitrable

Hong Kong has now enacted amendments to its Arbitration Ordinance (Cap. 609), clarifying that disputes over intellectual property rights (IPRs) may be resolved by arbitration and that it is not contrary to Hong Kong public policy to enforce arbitral awards … Continue reading

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

Hong Kong Arbitration Ordinance – end of the automatic opt-in

Parties entering into an agreement on or after 1 June 2017 that provides for arbitration in Hong Kong can no longer rely on Section 100 of Hong Kong's Arbitration Ordinance and automatically opt-in to Schedule 2 simply by providing for … Continue reading

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