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 not been made public, the case was also discussed online by the applicants’ counsel who referred to it as the “GKML case”.

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2017 ICC Dispute Resolution Statistics show steady growth

The ICC has recently published its preliminary 2017 statistics, showing a slightly lower case load than the record-breaking 2016, but still indicating a steady long term growth. A total of 810 new cases were filed in 2017, involving 2316 parties from a record 142 countries. These newly-registered cases represented an aggregate value in dispute of over US$30.85 billion, with an average amount in dispute of US$45 million. Overall, these numbers demonstrate ICC’s global reach and leading position for complex, high-value disputes.

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Hong Kong passes amendments to Arbitration Ordinance

On 10 July, the Legislative Council of Hong Kong passed the Arbitration (Amendment) Bill 2013 (click here for our earlier post on the Bill).

The Arbitration (Amendment) Ordinance 2013 introduces a number of changes to the 2011 Arbitration Ordinance (Cap. 609), aimed at ensuring Hong Kong remains at the forefront of modern arbitral practice.

The amendments to the Arbitration Ordinance include:

  • New provisions allowing Hong Kong courts to enforce relief granted by an emergency arbitrator, whether made in or outside Hong Kong.
  • Implementation of the Arrangement Concerning Reciprocal Recognition and Enforcement of Arbitral Awards between the Hong Kong SAR and the Macao SAR, signed in January 2013.
  • Amendments to the provisions for taxation of arbitration costs by the Hong Kong courts.
  • Inclusion of five new New York Convention signatories in the relevant Schedule

The amendments took effect on 19 July 2013, with the exception of the Hong Kong/Macao mutual enforcement arrangements, which will come into force at a later date, to be notified in the Hong Kong Government Gazette.

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