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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
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 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
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
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
The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of...more
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
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
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
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
In Founder Group (Hong Kong) Ltd v Singapore JHC Co Pte Ltd (2023), the Court of Appeal set limits on a debtor’s ability to resist a winding up application by pointing to an arbitration clause in the underlying agreement....more
On 25 October 2023, the Hong Kong Court of First Instance granted leave to appeal the decision in Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065 to dismiss a winding up petition in favour of arbitration. This opens...more
The Singapore High Court has again confirmed that a winding-up application concerning a disputed debt that is subject to an arbitration agreement will be dismissed if the arbitration agreement is prima facie valid and covers...more
One misplaced letter in an email address caused the Hong Kong High Court to refuse leave to enforce an arbitral award on the basis that the respondent not been validly served with the Notice of Arbitration. This was despite...more
Three recent Hong Kong first instance court decisions have left undecided the question of whether a winding-up petition will trump an agreement to arbitrate when it comes to a winding-up and particularly in the context of...more
The Hong Kong court has ruled that a tribunal had no jurisdiction over a third party that had been joined as an additional party to an HKIAC arbitration. The court in R v A [2023] HKCFI 2034 ordered that a summons issued by...more
In C v D [2023] HKCFA 16, the Hong Kong Court of Final Appeal confirmed that compliance with pre-arbitration conditions in an escalation clause is a matter of admissibility, rather than a jurisdictional issue, and is not...more
A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company,...more
Two recent decisions illustrate what constitutes exceptional circumstances justifying the rare intervention of Hong Kong courts in arbitration matters. Hong Kong is internationally renowned as a pro-arbitration...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
Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under the Hong Kong Arbitration Ordinance. So ruled the Honourable Justice Mimmie...more
Traditionally, there has been a lack of clarity across jurisdictions over what law applies to determine whether a dispute is arbitrable. The Singapore Court of Appeal has now set out a novel "composite" approach, considering...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
Hong Kong - The Hong Kong International Arbitration Centre (HKIAC) has recently released their statistics for 2022, providing an interesting glimpse into the state of international arbitration in Hong Kong....more