Asia

Delhi High Court agrees to enforce CIETAC arbitral award against Indian company despite CIETAC split

In its decision of 4 July 2018, the Delhi High Court (“Court“) has agreed to enforce a China International Economic and Trade Arbitration Commission (CIETAC) award against an Indian company, despite the award debtor’s arguments that the dispute should have … Continue reading

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Filed under Asia, Enforcement, Hong Kong & China, India, Institutions

INTERNATIONAL ARBITRATION INTERNSHIP (HONG KONG): APPLICATIONS NOW OPEN

Herbert Smith Freehills is accepting applications for short-term internships with the firm’s international arbitration group in Hong Kong. Three to four paid internship positions are open for three to four months each (not extendable), beginning in or around January, May … Continue reading

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Filed under Asia, Hong Kong & China

Inside Arbitration: Issue #6 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 Africa, Arbitration rules, Asia, Construction, Europe, Investment Arbitration, New York Convention, News, Publications and Guides, South East Asia, The Americas

HONG KONG COURT OF FIRST INSTANCE STAYS COURT PROCEEDINGS TO ARBITRATION, REITERATES S.20 PRINCIPLES

In Leung Kwok Hung trading as Kaiser (M&E) Decoration Engineering Company v. Johnson Controls Hong Kong Limited [HCCT 56/2017], the Hong Kong Court of First Instance granted the Defendant’s application under s.20 of the Arbitration Ordinance, staying Court proceedings in … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Asia, Court intervention, Hong Kong & China

HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS

Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen Xinjingdi Group Co Ltd v Eton Properties [2018] HKCFI 910. The Hong Kong Court of Appeal … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, Asia, Awards, Enforcement, Hong Kong & China, Jurisdiction

Delhi High Court refuses to grant injuction restraining Vodafone’s second BIT arbitration against India

In a decision dated 7 May 2018, the Delhi High Court dismissed the Government of India’s application to declare Vodafone’s second BIT arbitration proceedings in relation to the retrospective tax liability imposed on Vodafone’s 2007 acquisition of Hutchison Whampoa’s Indian … Continue reading

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Filed under Arbitration proceedings, Asia, Court intervention, India, Investment Arbitration, ISDS

Dispute Resolution in Asia-Pacific: Parties seek efficient processes and enforceable outcomes

Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania. Six Asia Pacific cities hosted conferences to … Continue reading

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Filed under Asia, East Asia, Events, Global Pound Conference, Hong Kong & China, India, Publications and Guides, Singapore, South East Asia

Ten years of the Herbert Smith Freehills corporate law moot in India

We are proud to celebrate the tenth year of the NUJS HSF National Corporate Law Moot Court Competition (“Moot“) this year. Since 2008, HSF and the WB National University of Juridical Sciences, Kolkata (“NUJS“) have worked together to host the … Continue reading

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Filed under Asia, India, News

Join us in Singapore to celebrate 60 years of the NY Convention

Enforcement of arbitration awards in SE Asia This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the “New York Convention”.  As one of the most successful … Continue reading

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Filed under Asia, Awards, Enforcement, New York Convention, News, Public International Law, Singapore, South East Asia

New Zealand signs side letters with five CPTPP members to exclude compulsory investor state dispute settlement

New Zealand has recently signed “side letters” to exclude compulsory Investor State Dispute Settlement (“ISDS“) with five members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP“) – Brunei Darussalam, Malaysia, Peru, Viet Nam and Australia. This demonstrates the … Continue reading

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Filed under Arbitration proceedings, Asia, Australia, CPTPP, Investment Arbitration, ISDS, South East Asia, TPP, Trade Agreements