Regions

Hong Kong Court refuses leave to appeal arbitral award

In Buda Pipe Rehabilitation Engineering Co. Limited v CPC Construction Hong Kong Ltd [2019] HKCFI 503, the Hong Kong Court of First Instance dismissed Buda Pipe Rehabilitation Engineering Co. Limited (BPR)’s application for leave to appeal a 2018 arbitral award, … Continue reading

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Filed under Arbitration laws, Asia, Awards, Challenges to awards, Hong Kong & China

Revised ICC note to parties and tribunals: will publication of awards become the new normal?

This post was originally published on the Kluwer Arbitration Blog, 7 March 2019. ICC’s updated guidance to parties On 20 December 2018 the International Court of Arbitration of the International Chamber of Commerce (ICC) published an updated Note to Parties … Continue reading

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Filed under Europe, Institutions, Procedures in arbitration

HONG KONG COURT FINDS ENFORCEMENT OF ARBITRAL AWARD TIME BARRED

In CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance found that enforcement of a 2011 arbitral award by CL was time barred, clarifying when a cause of action for failure to honour an award accrues … Continue reading

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Filed under Arbitration laws, Asia, Awards, Challenges to awards, Enforcement, Hong Kong & China

US District Court in New York reviews AAA Appellate arbitral panel decision with the same deference as arbitral awards under the FAA

On February 14, 2019, in considering cross applications to vacate and confirm an arbitration award, the United States District Court, S.D. New York decided to grant the same deference to a decision made by an appellate arbitration panel as is … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Arbitration proceedings, Challenges to awards, Court intervention, Damages, The Americas

HONG KONG COURT FINDS THAT DEFENDANT WAIVED RIGHT TO CHALLENGE JURISDICTION

Israel Sorin Shohat, the Third Defendant in proceedings commenced by Mr Balram Chainrai, sought to challenge the jurisdiction of Hong Kong courts to hear a matter related to an Israeli arbitral award issued in 2013. The court held that, while … Continue reading

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Filed under Arbitration clauses, Asia, Hong Kong & China, Jurisdiction

HONG KONG COURT GRANTS ANTI-SUIT INJUNCTION TO BIND THIRD PARTY TO ARBITRATION AGREEMENT

In Dickson Valora Group (Holdings) Co Ltd v Fan Ji Qian [2019] HKCFI 482, the Hong Kong Court of First Instance has granted an anti-suit injunction restraining mainland Chinese court proceedings commenced by Fan Ji Qian on the ground that … Continue reading

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Filed under Arbitration clauses, Asia, Hong Kong & China

CIETAC releases 2018 statistics

On 1 February 2019, CIETAC published its 2018 statistics and 2019 work plan. The statistics show a substantial increase in CIETAC’s caseload and the total amounts in dispute, as well as a growing diversity of cases administered by CIETAC. CIETAC … Continue reading

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Filed under Asia, Hong Kong & China, Institutions

WANT TO KNOW MORE ABOUT THE ASIAN INFRASTRUCTURE INVESTMENT BANK?

AIIB and HKIAC are presenting a joint seminar on the AIIB’s status, policies and projects on 21 February. The seminar, which is supported by Hong Kong’s Department of Justice and the ICC, features: an interview with AIIB’s General Counsel, Gerard … Continue reading

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Filed under Asia, Banking and Finance, Events, Hong Kong & China

Third party intervention in investment arbitration: Tribunal admits NGO submissions in Gabriel Resources’ claim against Romania concerning mining project

The Tribunal in Gabriel Resources v Romania recently issued an order (the Order) in response to an application (the Application) made by three Romanian NGOs, as non-disputing parties, for participation and an amicus submission (the Submission) in an ICSID arbitration … Continue reading

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Filed under Arbitration proceedings, Arbitration rules, Europe, Investment Arbitration, ISDS, Procedures in arbitration

Inside Arbitration: Issue #7 of the publication from Herbert Smith Freehills’ Global Arbitration Practice

We are delighted to share with you the latest issue of the publication from the Herbert Smith Freehills Global Arbitration Practice, Inside Arbitration. In addition to sharing knowledge and insight about the markets and industries in which our clients operate, … Continue reading

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Filed under News, The Americas