Category: Arbitration

BEIJING COURT REJECTS APPLICATION TO SET ASIDE TRIBUNAL’S INSTRUMENT RECORDING MEDIATED SETTLEMENT TERMS, CITING LACK OF LEGAL BASIS

4 April, 2019

In Li Lian Dong and Others v Shen Yi (2018) Jing 04 Min Te 541, a first instance decision made earlier this year, the Beijing 4th Intermediate People’s Court considered whether the court’s power to set aside an arbitral award… Read more

IS MIXED-MODE DISPUTE RESOLUTION THE ANSWER TO BELT AND ROAD DISPUTES?

1 April, 2019

A trend to combine dispute resolution processes, typically mediation and arbitration, is gaining traction internationally. In Asia, the Belt and Road Initiative is driving this change. With China at the heart of the Belt and Road, a more consensus-driven approach… Read more

HONG KONG’S FUNDING LAW NOW IN FORCE

1 February, 2019

Hong Kong’s long-awaited legislation permitting third parties to fund arbitrations and related proceedings takes effect today. As heralded in our earlier posts, this is a widely welcomed development in one of the world’s leading arbitral seats, and is expected to… Read more

Singapore: Herbert Smith Freehills advises on third-party funded arbitrations and contributes to leading publication on litigation funding

31 January, 2019

Singapore introduced legislation in 2017 to allow third-party funding in international arbitration and associated proceedings including enforcement and mediation. Our Singapore team is already representing clients in two significant Singapore-seated arbitrations in which the claimants are third-party funded. It is… Read more

HERBERT SMITH FREEHILLS CONTRIBUTES TO LEADING PUBLICATION ON LITIGATION FUNDING

28 January, 2019

Hong Kong has recently seen a flurry of legislative activity in relation to third-party funding. The long anticipated law allows third parties to fund arbitrations seated in Hong Kong including related court and mediation proceedings, as well as work done… Read more

Japan and Hong Kong agree arbitration and mediation cooperation

23 January, 2019

On 9 January 2019, Hong Kong’s Department of Justice and the Ministry of Justice of Japan signed a Memorandum of Cooperation (MoC) to “strengthen collaboration on international arbitration and mediation“. The MoC, a copy of which is available here, provides… Read more

Hong Kong Court of Appeal ends 12-year Xiamen v Eton Properties saga

9 January, 2019

As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd (together, EP) have been involved in a long-running dispute in multiple fora, including a PRC-seated CIETAC arbitration and several Hong Kong… Read more

Hong Kong funding law to take effect 1 February

10 December, 2018

Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong arbitrations will come fully into force on 1 February 2019. Similar amendments to… Read more

Hong Kong Court grants injunction, holds tortious claim unaffected by arbitration agreement

29 November, 2018

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… Read more

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

6 November, 2018

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… Read more

Be on time to preserve your right to Active Remedies – the Singapore High Court considers a party’s duty to apply promptly when challenging the jurisdiction of an arbitral tribunal

27 September, 2018

In Rakna Arakshaka Lanka Ltd ("RALL") v Avant Garde Maritime Services (Private) Limited ("AGMS") [2018] SGHC 78, the Singapore High Court dismissed an application to set aside an award on jurisdiction, on the basis that the applicant had failed to… Read more

Recent Developments in India-related International Arbitration

18 September, 2018

Herbert Smith Freehills has issued the latest edition of its Indian international arbitration e-bulletin. In this issue we consider various court decisions, which cover issues such as the applicability of the Arbitration Amendment Act 2015, binding non-signatories to an award,… Read more

DISPUTE RESOLUTION IN ASIA-PACIFIC: PARTIES SEEK EFFICIENT PROCESSES AND ENFORCEABLE OUTCOMES

6 June, 2018

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… Read more

Shaping the future of dispute resolution: global themes and regional differences revealed

18 May, 2018

The Global Pound Conference series - a unique and ambitious project to inform how commercial disputes should be resolved to better serve modern business - brought together over 4000 dispute resolution stakeholders, at 28 conferences in 24 countries worldwide. Herbert… Read more

Podcast: How Arbitration and ADR can be used together

15 May, 2018

In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or “ADR”) can work together. The podcast considers how parties can agree to an ADR process in addition to, or… Read more

2018 International Arbitration Survey – Enforcement of Arbitration Awards in the ASEAN region

8 May, 2018

This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, the "New York Convention". Widely seen as one of the most successful international law treaties, the New York Convention was the… Read more

Justin D’Agostino to lead ICC Court’s new Belt and Road Commission

7 March, 2018

Justin D’Agostino, Herbert Smith Freehills’ Global Head of Disputes, has been appointed chair of a new ICC Court commission to develop the ICC’s approach to dispute resolution procedures for China’s Belt and Road initiative. “There is no ‘one-size-fits-all’ method of… Read more

Hong Kong Courts grant anti-suit injunctions to restrain foreign proceedings in breach of an arbitration agreement

5 February, 2018

In Arjowiggins HKK2 Ltd v Shandong Chenming Paper Holdings Ltd [2018] HKCFI 93, the Hong Kong Court of First Instance has granted an anti-suit injunction in favour of a recipient of a Hong Kong arbitral award to restrain the continuation… Read more

Amendments to the Singapore International Commercial Court Regime to strengthen Singapore as an international arbitration seat of choice

16 January, 2018

On 9 January 2018, amendments were passed to the Supreme Court of Judicature (Amendment) Act (“SCJA “) which clarify that the Singapore International Commercial Court (“SICC“) has jurisdiction to hear proceedings relating to international commercial arbitration. The amendments also abolish… Read more

Hong Kong Court continues injunction in aid of foreign arbitral proceedings

23 October, 2017

In Ve Global UK Limited v Charles Allard Jr and Intelita Limited, HCMP1678/2017, 10 October 2017, the Hong Kong Court of First Instance continued injunctions and dismissed the Defendants’ allegation of abuse of process in respect of the Plaintiff’s delay… Read more

Hong Kong allows third party funding for arbitration and mediation

15 June, 2017

Hong Kong's Legislative Council has passed a law allowing third parties to fund arbitrations seated in the territory, as well as work done in Hong Kong for arbitrations seated elsewhere, and for mediations. This development has been long anticipated, and will… Read more

Julian Copeman and Anita Phillips discuss the Global Pound Conference and what to expect at the upcoming Hong Kong event

24 January, 2017

Hong Kong Lawyer has published an article by Julian Copeman, partner, and Anita Phillips, professional support consultant, discussing commercial dispute resolution in Hong Kong and what the Global Pound Conference series has highlighted for change at other events across the… Read more

India and Brazil conclude negotiations of Bilateral Investment Treaty

7 December, 2016

As previously noted in April 2015, India amended its model bilateral investment treaty (the Indian Model BIT) and has reportedly been deploying it in recent months to seek to re-negotiate bilateral investment treaties (BITs) with over 47 countries (see previous… Read more

Shape the future of dispute resolution: Global Pound Conference in Hong Kong

1 December, 2016

Hosting more than 5,000 corporate and disputes professionals in a series spanning 40 cities across 31 countries, the Global Pound Conference aims to improve the resolution of commercial disputes in the 21st century. Using a unique interactive format, which has been dubbed… Read more

Singapore update: litigation funding moves a step closer and new legislation proposed to give force to settlement agreements made through mediation

15 November, 2016

Last week saw two important and novel pieces of legislation related to dispute resolution put before the Singapore Parliament. The first is a bill to amend current legislation to permit third party funding in international arbitration and related litigation. The… Read more

Hong Kong Law Reform Commission recommends that third party funding be allowed for arbitration

18 October, 2016

Following consultation in October 2015 (discussed in our earlier blog here), the Hong Kong Law Reform Commission (LRC) released a report last week in which it recommended that third party funding of arbitration should be allowed for arbitrations seated in Hong… Read more

Hong Kong Court orders stay to arbitration pursuant to proper steps of escalation clause for dispute resolution

21 September, 2016

In William Lim and Another v. Hung Ka Hai Clement and Others [2016] HKCFI 1439; HCA 1282/2016 (24 August 2016), the Hong Kong Court of First Instance ordered a stay of court proceedings and referred an ongoing dispute to arbitration… Read more

Suitability of ad hoc admissions: Singapore Court admits English QC for arbitration appeal

8 September, 2016

Introduction The Singapore High Court has taken the rare step of allowing an English QC to appear before it in relation to an application to set aside an arbitral award made in an investor-state arbitration; the first successful ad hoc… Read more

Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”

8 July, 2016

Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension. Our… Read more

Hong Kong CFI stays proceedings in favour of arbitration notwithstanding defendant’s submission to Hong Kong courts; upholds arbitration agreement contained in related contract

23 March, 2016

Hong Kong CFI has stayed a claim under a deed of guarantee pending arbitration on the basis of an arbitration agreement in a Subscription Agreement containing the guaranteed obligations (Bluegold Investment Holdings Ltd v Kwan Chun Fun Calvin [2016] HKEC… Read more

Global conference on the future of dispute resolution in Singapore on 17/18 March 2016

4 February, 2016

Herbert Smith Freehills is proud to be a global platinum sponsor of the Global Pound Conference (GPC) Series 2016-17. The aim of this ambitious worldwide conference series is to engage all key stakeholders in a conversation about dispute resolution and how it… Read more

Trends in choice of governing law & jurisdiction in cross-border transactions in Asia: Singapore Academy of Law publishes study

21 January, 2016

On 10 January 2016, the Singapore Academy of Law (SAL) published the results of its study on preferences for the choice of governing law and jurisdiction made by those involved in cross-border transactions "in Singapore and the region" (the Study). The… Read more

Hong Kong constitutionality challenge – leave to appeal denied

30 December, 2015

The Hong Kong Court of Appeal (CA) has rejected an application for leave to appeal to the Hong Kong Court of Final Appeal from its previous judgment that upholds the constitutionality of s.81(4) of the Arbitration Ordinance (Cap. 609), under… Read more

Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

18 December, 2015

In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of… Read more

The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol

9 November, 2015

Herbert Smith Freehills Senior Associate Emmanuel Chua has published an article titled "The growth of hybrid dispute resolution processes in Asia – Singapore and the Arb-med-Arb protocol" in CIArb Malaysia, newsletter of the Chartered Institute of Arbitrators Malaysia Branch. This… Read more

Hong Kong Law Reform Commission releases consultation paper on Third Party Funding in arbitration

19 October, 2015

The Hong Kong Law Reform Commission has today published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public comment on the recommendation, and how third party funding should be… Read more

Hong Kong Court of Appeal upholds Arbitration Ordinance limits on rights of appeal

13 August, 2015

The Hong Kong Court of Appeal has rejected a challenge to the constitutionality of s.81(4) of the Arbitration Ordinance (Cap. 609), under which a party who wishes to appeal a Court of First Instance (CFI) decision on setting aside an… Read more

SPC clarifies jurisdiction issues arising from the CIETAC split

17 July, 2015

On 15 July 2015, the Supreme People's Court in China (the "SPC") issued a binding judicial interpretation on how lower courts are to handle various issues arising out of the CIETAC split (the "SPC Reply"). The interpretation responded to requests… Read more

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