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
Arbitration has long been a preferred method for resolving commercial disputes in Indonesia. With the recent enactment of SCR 3/2023, significant changes have been introduced which should enhance the arbitration landscape. We...more
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
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 Hong Kong court has set aside an HKIAC Final Award finding that the arbitrator's conduct was so "seriously flawed" and "egregious" that there had been a serious denial of due process....more
Two recent English and Hong Kong court decisions have given confidence to lenders that they should be able to enforce their rights against creditors under so-called asymmetric or hybrid dispute resolution clauses....more
As the world welcomes in the Year of the Rabbit, we look back at seven decisions that made an impact over the past year.
In the decisions, the Hong Kong courts considered the circumstances in which interim relief should...more
The Hong Kong Court of Final Appeal has granted leave to appeal in the case of C v D [2022] HKCFA 25, against last year's finding by the Court of Appeal that the validity of "escalation clauses" – multi-tiered dispute...more
香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请，在其中一案中暗示，“为整体司法利益起见”，有必要制定法律在此方面给予法院更多自由裁量权。...more
The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more
In two successive decisions, the Hong Kong Court of First Instance has refused applications for extensions of time to set aside arbitral awards, in one case suggesting that there would need to be legislation to grant the...more
The Hong Kong Government has published a new bill, which when enacted, will allow a flexible regime for outcome-related fees in arbitration. This legislation, compliments the existing regime for third party funding,...more
The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more
As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more
As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more
3/16/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Boilerplate Language ,
Business Disputes ,
Contract Terms ,
Forgery ,
Hong Kong ,
Impartiality ,
International Arbitration
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
1/5/2021
/ Appeals ,
Arbitration ,
Arbitrators ,
Bias ,
Disclosure Requirements ,
Halliburton ,
Impartiality ,
Insurance Claims ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
LCIA ,
UK ,
UK Supreme Court