News & Analysis as of

Hong Kong Dispute Resolution Arbitration

BCLP

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

BCLP on

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

BCLP

“Dividing Line” in Public Policy - Insolvency and Arbitration

BCLP on

A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and...more

BCLP

Getting the Ball Rolling: Sports Disputes Resolution in Hong Kong SAR

BCLP on

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

Carey Olsen

The interplay between insolvency and arbitration proceedings: an insight into developments across jurisdictions

Carey Olsen on

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

Morrison & Foerster LLP

HKIAC’s 2024 Statistics Demonstrate Continued Growth and Reinforce Hong Kong’s Position as a Leading Arbitration Hub

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

Carlton Fields

Fourth Circuit Upholds Confirmation of Hong Kong Arbitration Award

Carlton Fields on

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

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

BCLP on

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

BCLP

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

BCLP on

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

HKIAC Releases Updated 2024 Administered Arbitration Rules

BCLP on

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

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Mayer Brown

Charting the Path: Major Developments in Hong Kong Arbitration Law in 2023

Mayer Brown on

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

A&O Shearman

SGCA sets a limit on debtors invoking arbitration clauses to resist winding up applications

A&O Shearman on

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

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

Conyers on

In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Hogan Lovells

One letter out - mistaken email address leads court to refuse award enforcement

Hogan Lovells on

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

Latham & Watkins LLP

Hong Kong Court Orders Winding-Up of Company Despite Parties’ Arbitration Agreement

Latham & Watkins LLP on

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

Morrison & Foerster LLP

Hong Kong Court Confirms That the Governing Law of the Underlying Contract Will Apply Where the Dispute Resolution Clause Is...

In the recent decision of China Railway (Hong Kong) Holdings Limited v Chung Kin Holdings Company Limited [2023] HKCFI 132, the Hong Kong Court of First Instance (the CFI) followed the landmark English Supreme Court decision...more

White & Case LLP

Determining arbitrability of disputes in Singapore: the “composite” approach

White & Case LLP on

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

Hogan Lovells

Hybrid jurisdiction clauses – two new English and Hong Kong cases give confidence to lenders

Hogan Lovells on

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

Hogan Lovells

Arbitration Highlights in the Year of the Rabbit

Hogan Lovells on

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

Hogan Lovells

New Hong Kong Bill allows for outcome-related fees in arbitration - Talking Point Asia April 2022

Hogan Lovells on

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

Hogan Lovells

Cheque–mate – Hong Kong Court of Appeal refuses stay to arbitration on dishonoured cheque

Hogan Lovells on

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

Hogan Lovells

Hong Kong court adjourns enforcement proceedings of Dutch arbitral award - Talking Point Asia – March 2022

Hogan Lovells on

The Hong Kong Court of First Instance has adjourned enforcement proceedings of a Netherlands Arbitration Institute award pending determination by the Dutch court on the application to set aside the award, but refused to order...more

Hogan Lovells

Arbitration Highlights in the Year of the Tiger

Hogan Lovells on

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

BCLP

Recent case where a Hong Kong court set aside an arbitral award

BCLP on

In 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407, a Hong Kong court set aside an enforcement order in respect of an arbitral award, after finding that the shareholder-director of the respondent had colluded...more

BCLP

Hong Kong court rules that non-compliance with pre-arbitration conditions goes to admissibility, not jurisdiction

BCLP on

In the anonymised case of T v B [2021] HKCFI 3645, the High Court of Hong Kong ruled that a challenge concerning the non-compliance with a condition precedent for commencing arbitration (“pre-arbitration condition”) is a...more

40 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide