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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

China proposes dedicated “Belt and Road” court

Supreme People’s Court Monitor has published a highly informative article on proposals by the SPC relating to China’s”Belt and Road” initiative. These include establishing a dedicated court, along the lines of the Singapore International Commercial Court, to hear Belt & … Continue reading

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Filed under Asia, Court intervention, DIFC, East Asia, Hong Kong & China, Uncategorized

Herbert Smith Freehills’ Global Arbitration Practice promotes Dana Kim and Martin Wallace

Herbert Smith Freehills is delighted to announce the promotion of Dana Kim (Seoul) to Of Counsel and Martin Wallace (Hong Kong) to Senior Consultant. Dana Kim specialises in international arbitration and corporate crime and intelligence and also leads the intellectual … Continue reading

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Warrant for committal after failure to appear on enforcement hearing

In Navig8 Chemical Pools Inc v Inder Sharma, HCMP 2885/2016, 17 January 2017, the Hong Kong Court of First Instance issued a warrant for committal against a Defendant who repeatedly refused to appear before the court for examination relating to … Continue reading

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Getting the Deal Through: Arbitration 2017 – United Arab Emirates Chapter

Herbert Smith Freehills’ Robert Stephen and Joseph Bentley have contributed the United Arab Emirates Chapter to the 2017 edition of Getting the Deal Through: Arbitration. Getting the Deal Through: Arbitration contains expert local insight into arbitration laws and institutions worldwide, … Continue reading

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ACICA announces panel of tribunal secretaries, publishes guideline on the use of tribunal secretaries

On 1 January 2017, the Australian Centre for International Commercial Arbitration (ACICA) announced the launch of a panel of tribunal secretaries which will serve as a resource for tribunals and parties undertaking arbitration in Australia and the region. ACICA also published … Continue reading

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Filed under Arbitration proceedings, Australia, Confidentiality, Independence, Procedures in arbitration, Publications and Guides, Uncategorized

Hong Kong Court Dismisses set-aside application for lack of jurisdiction

On 22 December 2016 Justice Mimmie Chan delivered her reasons in A v D, where the Plaintiffs had applied to set aside an arbitrator's decision on the ground of serious irregularity under section 4 of Schedule 2 of the Hong … Continue reading

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Filed under Challenges to awards, Enforcement, Hong Kong & China, Uncategorized

Advocate General issues opinion that the EU does not have exclusive competence to conclude the EU-Singapore Free Trade Agreement

In an opinion issued on 21 December 2016, EU Advocate General Eleanor Sharpston QC has concluded that the EU-Singapore Free Trade Agreement (EUSFTA) will need to be finalised by the European Union and the Member States acting jointly, i.e. entered … Continue reading

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Filed under Asia, Brexit, Europe, Investment Arbitration, ISDS, Public International Law, Trade Agreements, Uncategorized

Astro v Lippo: First Media’s Hong Kong appeal dismissed

Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. On 5 December 2016, the CA dismissed an appeal by First Media, a Lippo Group entity, … Continue reading

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Filed under Arbitration proceedings, Asia, Challenges to awards, Court intervention, Enforcement, Hong Kong & China, Jurisdiction, Uncategorized, UNCITRAL Model Law

Hong Kong confirms IP rights are arbitrable

Hong Kong has introduced amendments to its Arbitration Ordinance (Cap. 609) (Ordinance), 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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