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Arbitration China 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 -
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

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

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

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The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

Latham & Watkins LLP

PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

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Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed...more

Morrison & Foerster LLP

Hong Kong Permits Outcome Related Fee Structures in Arbitration

On December 16, 2022, Hong Kong’s new regime permitting outcome related fee structures (“ORFS”) in arbitration and arbitration-related court proceedings came into force. This follows a recommendation for change by the Law...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs?

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Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration?...more

Dorsey & Whitney LLP

International Arbitration of Chinese Companies (Series VI): Is Third Party Funding Feasible? - Chinese Version

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我们在系列三(中国企业的国际仲裁(系列三):在香港仲裁 ,费用真的很高吗?)文章中提到香港商事仲裁费用偏高的问题,同时也提到第三方资助可能是企业可以考虑的解决方法之一。试想这样一个情况:企业在经历了新冠肺炎之后,竭尽全力组织恢复生产、经营。...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series VI): Is third-party funding feasible?

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As mentioned in our previous article, the costs of commercial arbitration in Hong Kong are pretty high. Third-party funding, however, could be one of the possible solutions for companies to consider....more

Jones Day

Five Years of Interim Chinese Court Measures Benefit Hong Kong-Seated Arbitrations

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On 9 February 2021, the HKIAC reported in the HKIAC Releases Statistics for 2020 that since the Interim Measures Arrangement entered into force on 1 October 2019, the HKIAC has processed 37 applications for interim measures...more

Dorsey & Whitney LLP

International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?

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In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 2): Interim Measures Arrangement between Mainland and HKSAR and its Practical...

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On April 2, 2019, the Supreme People’s Court of the PRC and the Department of Justice of Hong Kong signed the “Arrangements concerning the Mutual Assistance in Court-Order Interim Measures in Aid of Arbitral Proceedings by...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

BCLP

Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong: the Arbitration (Amendment) Bill 2021

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On 24 February 2021, the Hong Kong Government introduced into the Legislative Council the Arbitration (Amendment) Bill 2021 (“Bill”), to implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards...more

Dorsey & Whitney LLP

Hong Kong Mainland Cooperation in Arbitration Matters

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The advantages enjoyed by Hong Kong as a center for arbitration of commercial disputes involving parties in Mainland China have been further enhanced by new measures to strengthen the cross-border recognition and enforcement...more

BCLP

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

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Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

BCLP

Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong

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On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more

BCLP

HKIAC updates on the implementation of the Interim Measures Arrangement between Hong Kong and the PRC

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HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland...more

BCLP

Hong Kong Court grants permanent anti-suit injunction to restrain court proceedings in Mainland China

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In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 2983, the Hong Kong Court of First Instance granted a permanent anti-suit injunction against the defendant which had commenced proceedings against the plaintiffs in...more

BCLP

Arbitrability of Antitrust Disputes in PRC and Hong Kong

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What should you do when an antitrust dispute arises between the parties and your contract is governed by PRC law or Hong Kong law? Can you resolve the dispute by arbitration? If your contract is governed by PRC law, as...more

JAMS

More Trade and Investment Disputes Anticipated as Asia Economy Grows (Chinese Version)

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Dispute resolution in Asia has witnessed marked developments this year. Hong Kong, although still an important center for arbitration hearings, is facing increased competition from other jurisdictions, especially Singapore. ...more

JAMS

More Trade and Investment Disputes Anticipated as Asia Economy Grows

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Dispute resolution in Asia has witnessed marked developments this year. Hong Kong, although still an important center for arbitration hearings, is facing increased competition from other jurisdictions, especially Singapore. ...more

Morrison & Foerster LLP

MoFo APAC Arbitration Update: October 2019

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CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY - In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings,...more

Hogan Lovells

Foreign Arbitral Institutions Allowed to Administer Foreign-Related Arbitrations in Shanghai Lin-Gang Pilot Free Trade Zone in...

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The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more

Dechert LLP

China Supreme People's Court's Judicial Arrangement with Hong Kong Government Regarding Interim Measures for Arbitral Proceedings...

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The Supreme People’s Court (the “SPC”) of China and the Government of Hong Kong Special Administrative Region on April 2, 2019 signed the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of...more

Latham & Watkins LLP

International Arbitration: Focus on Chinese Counter-Parties

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Given recent developments, parties with cross-border agreements and arbitration with Chinese counter-parties should look to Hong Kong as a seat of arbitration. On 2 April 2019, the Hong Kong SAR Government and the PRC...more

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