Hong Kong & China

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

New HKIAC Rules enter into force on 1 November 2018

The Hong Kong International Arbitration Centre (HKIAC) Council has approved updated Administered Arbitration Rules (2018 Rules). The 2018 Rules are the product of a detailed review, by a committee including Herbert Smith Freehills’ Professional Support Consultant Briana Young, and a … Continue reading

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

First Emergency Arbitration Procedure in China

The Beijing Arbitration Commission (BAC) recently administered the first emergency arbitration proceeding in mainland China. Wei Sun was the emergency arbitrator who heard the application and he has since published a discussion of the matter online. Although the decision has … Continue reading

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Filed under Emergency Arbitration, Enforcement, Hong Kong & China, Institutions, Uncategorized

HONG KONG COURT GIVES “DUE WEIGHT” TO SUPERVISORY COURT ON ENFORCEMENT

In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China, Uncategorized

HONG KONG COURT REFUSES SET ASIDE, REJECTS PUBLIC POLICY CHALLENGE

In Paloma Co. Ltd. v. Capxon Electronic Industrial Co. Ltd [[2018] HKCFI 1147], the Hong Kong Court of First Instance rejected a public policy challenge to a New York Convention Award rendered by a tribunal in Japan. The Respondent applied … Continue reading

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Filed under Asia, Awards, Enforcement, Hong Kong & China, New York Convention, Uncategorized