In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more
The Hong Kong International Arbitration Centre (HKIAC) has released updated administered arbitration rules that come into effect 1 June 2024. The updated 2024 Administered Arbitration Rules (the “2024 Rules”) are a much...more
On April 29, 2024, the Singapore International Arbitration Centre (SIAC) released its 2023 Annual Report. In this client alert, we outline SIAC’s key statistics for 2023, highlighting SIAC’s growth and the confidence that...more
Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more
Introduction- In a significant development, the UAE has introduced remarkable amendments to its Federal Arbitration Law through Federal Decree-Law No. 15/2023. This law, which amends certain provisions of Federal Law...more
In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year. Key developments in 2023 included: 1. Multi-tiered dispute resolution clause – compliance with...more
As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, have both implemented reforms enabling parties to enter into outcome related fee structures (ORFSs) with their lawyers for arbitrations...more
In AW and others v PY and another [2022] HKCFI 1397 (judgment date: 13 May 2022), a Hong Kong court held that it has no power to extend the time to challenge an arbitral award under Article 34 of the Model Law, as adopted by...more
The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more
Hong Kong and Singapore, the Asia Pacific’s leading seats of international arbitration, are both implementing reforms to enable parties to enter into outcome related fee structures (“ORFSs”) with their lawyers for...more
FROM THE EDITORS - In this edition of Arbitration World, we include our usual update on developments in international arbitration, including reports on recent cases and changes in arbitration laws from regions around the...more
The ongoing Kout Food saga provides a salutary reminder that difficult issues can sometimes arise when parties choose different systems for the substantive law of their contractual relationship and the curial law of the seat...more
Petitioner sought to vacate an arbitration award, arguing that the arbitration panel exceeded its authority in interpreting the terms of an insurance policy when it determined that certain claims fell within the policy’s...more
Impact of COVID-19 on Cross-Border Disputes - Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
International arbitration often equals international travel for both counsel, witnesses, and arbitrators. But with the new reality of travel restrictions, “shelter in place” orders, remote work, and restrictions on...more
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more
This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more
In a trademark dispute, Shrinivas Sugandhalaya LLP (SS LLP), an incense manufacturing company based in Mumbai, appealed the denial of its motion to compel arbitration against Balkrishna Setty and his company Shrinivas...more
"We have become an arbitration nation," said the U.S. Court of Appeals for the Ninth Circuit earlier this year, "an increasing number of private disputes are resolved not by court, but by arbitrators." In the area of complex...more
Multilateral conventions relating to arbitration - Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in...more
Introduction - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for the cross-border enforcement and recognition...more
In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more
Following are two interesting and recent federal court rulings related to arbitration. Future Disputes are beyond Arbitral Authority Minnesota Nurses Association v. North Memorial Health Care After completing 30...more
International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more