Hong Kong & China

Hong Kong Court of Appeal ends 12-year Xiamen v Eton Properties saga

As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd (together, EP) have been involved in a long-running dispute in multiple fora, including a PRC-seated CIETAC arbitration and several Hong Kong … Continue reading

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Filed under Arbitration clauses, Asia, Awards, Court intervention, Damages, East Asia, Enforcement, Hong Kong & China

SPC ISSUES PROVISIONS ON ACTION PRESERVATION IN IP RIGHTS DISPUTES

The Supreme People’s Court of China (SPC) has released a new set of judicial interpretations concerning interim injunction applications for intellectual property rights (IP Rights)-related disputes. The Provisions on Application of Laws in Adjudication of Action Preservation Cases Involving Intellectual … Continue reading

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Filed under Asia, Court intervention, Hong Kong & China, Interim relief, Publications and Guides

Hong Kong’s funding code published

As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018. Publication of the Code has removed the final hurdle to third party funding of Hong Kong … Continue reading

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Filed under Arbitration laws, Asia, Hong Kong & China, News, Uncategorized

Hong Kong funding law to take effect 1 February

Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong arbitrations will come fully into force on 1 February 2019. Similar amendments to … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Third Party Funding

Supreme People’s Court Issues Rules of Procedure for the China International Commercial Courts

On 1 July 2018, the Supreme People’s Court of China (SPC) promulgated Provisions on Several Issues Regarding the Establishment of International Commercial Courts (Fa Shi 2018 – No.11). We reported this major development here. The SPC has now released further … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Procedures in arbitration, Uncategorized

Set-aside not a backdoor to appeal: Hong Kong Court

In N v W [2018] HKCFI 2405, the Hong Kong Court of First Instance refused to remit or set aside an award on the basis that an arbitrator had misconducted proceedings, demonstrating its reluctance to entertain such claims absent direct … Continue reading

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Filed under Hong Kong & China

Hong Kong Court grants injunction, holds tortious claim unaffected by arbitration agreement

In Castlemil Infant (HK) Supplies Co Ltd v Care N Love Development Ltd [2018] HKDC 1419, the Hong Kong District Court granted a mandatory injunction, having found that the plaintiff’s underlying tort claims did not fall within the scope of … Continue reading

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Filed under Arbitration clauses, Hong Kong & China, Interim relief

Hong Kong courts can order interim relief against non-parties—but only sparingly

The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an arbitration, even against a person or entity which is not party to … Continue reading

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Filed under Asia, Hong Kong & China, Interim relief, Third-Party Rights

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. Mimmie Chan J presided and … Continue reading

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Filed under Enforcement, Hong Kong & China, Uncategorized

HKIAC Rules effective today

The HKIAC’s Administered Arbitration Rules 2018 enter into force today, 1 November 2018. See our earlier blog post for details of the updates and innovations. If you have questions or would like to know more about arbitrating under the updated … Continue reading

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