Hong Kong constitutionality challenge – leave to appeal denied

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 which a party who wishes to appeal a Court of First Instance (CFI) decision on … Read more

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

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 the arbitration clause and the fact that the Singapore court had declined to grant an … Read more

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

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 article provides an informative summary and looks at the advantages of the Arb-Med-Arb protocol, which … Read more

SPC clarifies jurisdiction issues arising from the CIETAC split

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 from the Shanghai High People’s Court, the Jiangsu High People’s Court and the Guangdong High … Read more

ADR Practical Guide launched on the use of Mediation with Arbitration

Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. Guide No. 6: ‘Use of Mediation with Arbitration’ provides a brief description of how mediation and … Read more