India and Brazil conclude negotiations of Bilateral Investment Treaty

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 post of July 2016). One of these negotiations was with Brazil, a country historically known … Read more

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

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 the blueprint for future conferences, delegates from key stakeholder groups vote anonymously on standardised questions … Read more

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

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 second is a bill to encourage mediation through, amongst other things, giving binding force to … Read more

Hong Kong court upholds validity of arbitration agreement in dispute concerning formation of underlying contract

In Chee Cheung Hing & Co Ltd v Zhong Rong International (Group) Ltd (HCA 1454/2015), the Hong Kong Court of First Instance (“CFI”) stayed proceedings under s.20 Arbitration Ordinance (“the Ordinance”), which provides for referrals to arbitration where “…an action is brought in a matter which is the subject of an arbitration agreement…”. The CFI … 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

 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 532) – notwithstanding a non-exclusive choice of the Hong Kong courts in the Guarantee.  Applying … Read more