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The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more
The 2025 Survey explores a number of key international arbitration issues, including: how AI is changing the game in international arbitration, efficiency, the enforcement of arbitration awards and public interest issues...more
The statistics show a robust demand for arbitration and reflect Hong Kong’s importance as an arbitral venue for resolving cross-border commercial disputes. On 20 February 2025, the Hong Kong International Arbitration...more
In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge...more
These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the 15th National Games (which Hong...more
Arbitration clauses are commonly found in commercial contracts. However, tricky issues arise when a company subsequently seeks an order for winding up, particularly in circumstances where the facts relied on in support of the...more
On February 20, 2025, the Hong Kong International Arbitration Centre (HKIAC) released its annual statistics for 2024. The numbers demonstrate steady growth and reinforce Hong Kong’s position as a leading centre for...more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
In Garofalo v Crisp and Ors [2024] EWHC 1737 (Ch), the English Court found that a higher evidential threshold should be applied when deciding whether or not to grant an exceptional interim relief for a change of management...more
Notwithstanding that the requisite statutory majority was obtained in the relevant creditors’ scheme meeting, the Hong Kong Companies Court refused to sanction a scheme of arrangement propounded by a company that professed to...more
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
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
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
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
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
On January 20, 2023, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual statistics for 2022. The statistics suggest that HKIAC swiftly recovered from the drop in caseload in 2021 and has returned to...more
Bermudan, British Virgin Islands (“BVI”) and Cayman Islands companies are frequently used as investment vehicles for Hong Kong and Chinese companies and individuals. This is reflected in the frequency with which they are a...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 Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...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
2021 marks the 25th anniversary of the Arbitration Act 1996. Since it came into force, the Arbitration Act has been hailed for making London an attractive destination for international arbitration. However, as competing...more
In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more
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
First things first. What is “LawTech”? “LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace...more