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Expert Evidence: Avoiding Pitfalls & Navigating the Minefield

A useful 2-part series dealing with expert evidence from the team at PwC China/Hong Kong.

Russia’s Favourite Arbitration Institutions

Georgiou Payne Stewien LLP, one of Arbitrium’s sponsors, reviews the current state of recognition granted to foreign arbitration institutions in Russia, including the HKIAC, ICC and SIAC.

Privy Council Considers Illegality and Public Policy as Set Aside Ground

The Privy Council of England considers contract illegality and public policy as a ground to set aside an arbitration award, setting out the extent of permissible court intervention where illegality of contract has been determined by an arbitral tribunal.

HK Court Confirms Obligation to Negotiate Goes to Admissibility Not Jurisdiction

The HK Court confirms that an obligation to negotiate prior to commencement of arbitration proceedings goes to the admissibility of a claim, not to the jurisdiction of the tribunal.

HK Court Refuses to Set Aside Enforcement Order on Public Policy Ground

The HK Court refuses to set aside an order enforcing a PRC award on the basis that it was contrary to public policy or that certain orders made by the tribunal were outside the scope of the arbitration agreement between the parties.

Arbitrium Newsletter No. 13 – 1 June 2021

A range of cases from the region in this newsletter, highlighting that while the set aside remedy is relatively rare, courts will not hesitate to set aside an award where the award debtor can clearly demonstrate a statutory ground and the court considers the set aside justified.

Asymmetric Clauses, Multiple-Contracts and Arbitrating Against Non-Parties

Tanner De Witt, one of Arbitrium’s proud sponsors, provides an update of common issues arising in financial arbitration proceedings, dealing with asymmetric arbitration clauses, multiple contracts incorporating multiple arbitration agreements and arbitrating against non-parties.

Overview of International Arbitration in the British Virgin Islands

Harneys, one of Arbitrium’s proud sponsors, provides a useful overview of some of the key points of international arbitration in the British Virgin Islands.