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Arbitration Hong Kong

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
White & Case LLP

Arbitration and Insolvency: A Comparative View from England & Wales, Singapore and Hong Kong

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If the agreement between a creditor and debtor refers disputes to arbitration, what limits should be placed on the creditor to pursue winding-up proceedings based on an unpaid debt under that agreement? Should a court simply...more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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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

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

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In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

BCLP

HK Government Responds to 19 June Letter From Legco in-house Lawyer Regarding the Security of Payment Bill

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Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Hong Kong

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

BCLP

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

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In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an...more

BCLP

HKIAC Releases Updated 2024 Administered Arbitration Rules

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On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect....more

Jones Day

Hong Kong International Arbitration Centre Updates Administered Arbitration Rules

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The Hong Kong International Arbitration Centre ("HKIAC") has released its 2024 Administered Arbitration Rules ("2024 Rules"). The 2024 Rules focus on improving the time- and cost-efficiency of the HKIAC arbitral process, and...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

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In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

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In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

Latham & Watkins LLP

HKIAC’s 2024 Administered Arbitration Rules Come Into Force

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The 2024 Rules significantly improve Hong Kong’s arbitration framework, aiming to increase the efficiency of proceedings and clarify the tribunal’s powers. The Hong Kong International Arbitration Centre’s (HKIAC’s) newly...more

BCLP

HK High Court Refuses Leave to Appeal Against Interim Measures

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In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more

BCLP

HK Court Clarified and Confirmed That Orders for Interim Measures Cannot Be Challenged Using the Grounds for Setting Aside Final...

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In G v N [2024] HKCFI 721 (judgment date: 11 March 2024), a Hong Kong court dismissed an application to set aside the enforcement of an interim order which an arbitrator had made requiring a party to take steps to dismiss the...more

BCLP

HK Court Considered the Proper Scope of the Court’s Intervention Against an Arbitral Tribunal’s Ruling Regarding Public Policy

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In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on matters of public policy. The...more

BCLP

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

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In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two...more

Hogan Lovells

Preserving fairness in arbitration: The challenge of reviewing procedural decisions for apparent bias

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A Hong Kong court has reiterated that an arbitral tribunal enjoys a wide discretion as to the procedure it adopts, and repeatedly deciding matters, such as whether to hold an oral hearing, in one party's perceived "favour"...more

Morrison & Foerster LLP

HKIAC’s Updated Administered Arbitration Rules Come into Effect on 1 June 2024

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

Mayer Brown

HKIAC Updates Flagship Administered Arbitration Rules

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For the first time since 2018, Hong Kong International Arbitration Centre (HKIAC) has updated its flagship HKIAC Administered Arbitration Rules (Rules) which will take effect on 1 June 2024.  The key changes include...more

Morrison & Foerster LLP

HKIAC’s 2023 Statistics Reinforce Hong Kong’s Appeal As An Arbitration Hub

On 6 March 2024, the Hong Kong International Arbitration Centre (HKIAC) released its annual statistics for 2023. The numbers reaffirm Hong Kong’s position as a highly attractive center for international arbitration. In...more

Latham & Watkins LLP

Case Update: Hong Kong Arbitral Tribunal’s Jurisdiction to Determine Disputes in Related Contracts

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An arbitral tribunal lacks jurisdiction to determine claims raised under related agreements containing different dispute resolution clauses. The Hong Kong Court of First Instance (Court) held in a recent judgment that an...more

Hogan Lovells

Remittance reconsidered – Hong Kong court grants leave to appeal on illegality defence decision

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A Hong Kong court has granted leave to appeal against a decision in which an arbitral award was sent back to the arbitrator for reconsideration on the basis that the law had changed on a key point relied upon in the...more

Hogan Lovells

Arbitration Highlights in the Year of the Dragon

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In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more

Hogan Lovells

Competence queried – Hong Kong court sets aside tribunal ruling on jurisdiction

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A Hong Kong court has set aside a tribunal’s finding on jurisdiction, holding that the arbitration clause in a loan agreement did not provide the tribunal with the jurisdiction to determine disputes arising out of a related...more

A&O Shearman

Proposed Amendments to HKIAC Rules put the Emergency into Emergency Arbitration

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On 23 January 2024, the HKIAC announced a Public Consultation on Proposed Amendments to the 2018 HKIAC Administered Arbitration Rules. The HKIAC’s proposed amendments include enhancements to the mechanism by which a single...more

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