Proposed Outcome-Related Fees Proposed for Hong Kong Arbitrations
按条件收费安排
On 17 December 2020, the Hong Kong Law Reform Commission published a consultation paper proposing lawyers could use outcome related fee structures for arbitration.
Hong Kong
HK Court Refuses to Extend Time to Set Aside Award
拒绝延长时间
In a dispute arising out of a transfer agreement, the HK Court refused to extend time to apply to set aside an award, finding that the Applicants failed to give any explanation for their delay in making the application.
Arbitration and Insolvency
仲裁与破产
In a helpful and detailed review of the legal position in Hong Kong, the authors seek to ascertain HK’s position where a winding-up petition is issued on the just and equitable ground and the insolvency ground, suggesting a possible coherent approach.
Enforcement / Hong Kong / Hong Kong Arbitration Ordinance s.69 / Model Law Article 33 / Setting Aside Award / Slip Rule
HK Court Guidance on Slip Rule and Additional Awards
奖励和其他奖励的更正
The HK High Court explains the principles regarding the correction of awards under Article 33 of the Model Law, dismisses an application to set aside an award and allows the application to enforce the award.
Arbitrium Newsletter No. 11 – 1 September 2020
This month, Arbitrium contains a host of articles from Hong Kong, Singapore and England, including an important decision from the English Court of Appeal clarifying an issue that has vexed courts for some time – the relative weight to be given to the law of the seat and the law of the main contract, where they differ, in determining the proper law of the arbitration agreement.
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Hong Kong / Arrangement concerning mutual assistance / China Arbitration / China Enforcement / Interim Relief
Continued Success of the Hong Kong/Mainland Arrangement Concerning Interim Measures
临时措施安排的持续成功
The HKIAC publishes an update on the Arrangement concerning Mutual Assistance for interim measures between Hong Kong and the Mainland, highlighting its continued success.
HK High Court Grants Hadkinson Order and Stays Enforcement Proceedings
香港法院批给令及暂缓执行
The HK High Court grants a Hadkinsons order and stays proceedings to set aside orders enforcing CIETAC awards (pending set aside proceedings in the PRC) on condition that the respondents pay 40% of the award sums into court.
Arbitrium Newsletter No. 10 – 1 April 2020
In this month’s Newsletter, Arbitrium features an update in relation to the legal impact of the coronavirus outbreak, bringing together posts from a range of law firms at the forefront of advising commercial parties, and a range of judgments dealing with set-aside applications from England, Hong Kong and Singapore.
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Covid-19 Legal Impact: Update
Like last month, the aim of this post is to bring together a number of recent articles published by law firms at the forefront of advising commercial parties in dealing with the pandemic. It is my hope that an update next month will not be necessary.
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Enforcement of Awards Between Hong Kong and Mainland China
香港与中国之间执行仲裁裁决
Tanner De Witt, one of Arbitrium’s sponsors, outlines the operation of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR.
HK Court Analyses the Salford-Lasmos Approach
仲裁和清算程序
In the latest decision from the HK High Court to consider the interplay between arbitration and winding-up proceedings, Lavesh Kirpalani, Counsel at Prince’s Chambers, reviews the decision in Re Asia Master Logistics, where he appeared for the successful petitioner.
HK Refuses Set Aside and Rejects Public Policy Argument
香港法院拒绝搁置公共政策
The HK Court dismisses an application to set aside an arbitral award, rejecting claims that the agreement was a sham and that enforcement of the award would be contrary to public policy. Edward Chin, Pupil Barrister, reviews the case.
Incorporation of Arbitration Agreements by Reference – Special Rules for Bills of Lading
将仲裁协议纳入提单
The HK Court denies an application for a stay of proceedings to arbitration in a case concerning bills of lading. Nick Luxton, Counsel, appeared for the successful Plaintiff, and provides a review of the decision.
The Legal Impacts of the Coronavirus Outbreak
冠状病毒爆发的法律影响
A number of law firms have published articles dealing with the legal impacts of the coronavirus outbreak. This post brings a few of them together, highlighting the key issues for businesses.
International Arbitration Newsletter No.7 – 1 January 2020
Arbitrium wishes all our readers, subscribers and sponsors the very best for 2020. This month, we welcome two additional sponsors, Hong Kong law firms GPS McQuhae LLP and Yang Chau Law Office and report on several cases dealing with anti-suit injunction applications.
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HK Court Examines Costs After Anti-Suit Injunction
香港法院在反诉讼禁令后审查成本命令
The Hong Kong Court refuses to grant an indemnity costs order following an anti-suit injunction, rejecting an argument that the general approach in arbitration cases to award indemnity costs should be extended against a person who was not a party to the arbitration agreement.
HK Court Grants Anti-Suit Injunction in Armani Case
香港法院在阿玛尼案中授予反起诉禁令
The Hong Kong High Court grants a permanent anti-suit injunction to stop court proceedings continuing on the Mainland on the basis that they were oppressive, vexatious and brought for the purpose of frustrating the arbitration.
HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances
香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.
International Arbitration Newsletter No.6
We are delighted to report that in the space of only a few months, Arbitrium now boasts a subscriber list of nearly 1,800 specialist international arbitration practitioners from around the globe. Many of these subscribers have also joined the Arbitrium group on LinkedIn. Thank you to all our readers, our contributors and our sponsors for their support.
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New Arbitration Law for Macau
新澳门仲裁法
The new Macau arbitration law has been gazetted and will come into force in early May 2020. A local law firm provides an overview of the new legislation.
Anti-Suit Injunction / Hong Kong / Hong Kong Arbitration Ordinance s.21L / Hong Kong Arbitration Ordinance s.45
HK Court Grants Anti-Suit Injunction as Interim Measure
香港法院发出禁制令
The HK High Court grants an anti-suit injunction to restrain court proceedings on the Mainland, confirming that the relief is an “interim measure” within the terms of s.35 and s.45 of the Ordinance (and Article 17 of the Model Law).
Arbitration and Winding Up – Lasmos 3rd Limb Considered
仲裁和破产程序
The Court of Appeal dismisses an appeal against a bankruptcy order finding that the debt was not covered by an arbitration clause. The Court also considered recent authorities arising out of the Lasmos case.
Arbitrator “Not Obviously Wrong” – Refuses Leave to Appeal
法院拒绝准予上诉裁决
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.
Arbitrium Monthly Newsletter No.5
A range of cases from Hong Kong, England, Malaysia and Singapore including an update on the Arrangement Concerning Mutual Measures between Hong Kong and the Mainland, an Arbitrator’s duty of impartiality and independence, and a host of enforcement-related cases.
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Arrangement concerning mutual assistance / China Enforcement / Enforcement / Hong Kong / Jurisdiction / Time bars
HK Court Confirms Position on Impact of Time Bars on Award Enforcement
法院确认时限对执法的影响
The HK Court confirms an earlier decision holding that there is no provision in the Arrangement Concerning Mutual Enforcement of Arbitral Awards that the limitation period should not run while a successful party seeks to enforce an award in China.
HK Court Rejects Security For Costs Application Pending Set Aside Hearing
法院拒绝等待审理费用申请的担保
In the context of a pending set aside hearing, the Court considers and rejects an application for security costs, applying the tests in Soleh Boneh International Ltd.
Appeal of Award / Construction / Hong Kong / Remission of Award / Serious Irregularity / Setting Aside Award
HK Court Refuses to Set Aside/Remit Award
香港法院拒绝搁置仲裁裁决
The Court refuses to set aside or remit an arbitration award arising out of a project in Macau, rejecting arguments that the employer was unable to present its case or that the tribunal failed to deal with all the issues.
Arrangement Concerning Interim Measures Between HK and China Effective And Used
关于香港与中国之间临时措施的有效安排
The Arrangement concerning Mutual Assistance for interim measures, empowering Chinese courts to order interim measures in support of HK-seated arbitrations came into effect on 1 October and has already been used.
Australia / Cayman Islands / China Arbitration / England / Hong Kong / India / Newsletter / Singapore / USA
International Arbitration Newsletter No.4
国际仲裁通讯第4号
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.
Enforcement / England / English Arbitration Act s.67 / English Arbitration Act s.68 / Hong Kong / Jurisdiction / Model Law Article 16(3) / Model Law Article 34(3) / Setting Aside Award / Singapore
Update On Challenges to Arbitration Awards
关于仲裁裁决挑战的最新信息
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
China Arbitration / England / Guide to International Arbitration / Hong Kong / Singapore / Third Party Funding
Third Party Funding Of Belt & Road Disputes
第三方争议资金
A practical overview of third party funding in belt and road disputes in the main arbitral seats together with practical takeaways on what a party should consider when considering third party funding and tips to ensure its use is successful.
Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court
仲裁和破产程序
Golden Oasis is the latest in a series of cases (Lasmos, But Ka Chon) dealing with the interplay between insolvency proceedings and arbitration. While the Court agreed with parts of Lasmos, it dismissed the stay to arbitration application as no relevant arbitration clause existed.
Appeal of Award / Arbitration Ordinance Sch.2 / Construction / Hong Kong / Model Law Article 34 / Serious Irregularity / Setting Aside Award
HK Court Rejects Serious Irregularity Ground Of Appeal In Tunnel Dispute
香港法院拒绝就隧道纠纷提起上诉
The HK Court dismisses an application for setting aside and remission of awards on the grounds of serious irregularity and alleged failure to present case, with a helpful restatement of the applicable legal principles.
International Arbitration Newsletter No.3
In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.
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HK Court Sets Aside Second Award Following Remission To Tribunal
The HK High Court sets aside an award remitted to the tribunal following an initial challenge, stating that the defects resulting in the remission had not been cured by the route taken by the Arbitrator.
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Anti-Suit Injunction Where Insurance Policy Contains Arbitration Clause
The HK High Court grants an anti-suit injunction, holding that a party cannot pursue a claim under an insurance policy without also being bound by the dispute resolution provisions in the policy.
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Construction / Hong Kong / Hong Kong Arbitration Ordinance s.19 / Interpretation / Model Law Article 7 / Model Law Article 8 / Stay to Arbitration
HK Court Finds Arbitration Clause In Head Contract Not Incorporated Into Sub-Contract
The HK High Court finds that an arbitration clause in a head contract was not incorporated into a sub-contract, and sets out the relevant principles under Articles 7 & 8 of the Model Law.
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Hong Kong / Hong Kong Arbitration Ordinance s.20 / Interpretation / Model Law Article 8 / Stay to Arbitration
HK Court Sets Aside Judgment And Refers Matter to Arbitration
The HK High Court sets out the principles to be adopted on applications to set aside court judgments and refer matters to arbitration, and the salient principles of contract interpretation.
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Arbitration and Winding Up / Hong Kong / Hong Kong Arbitration Ordinance s.20 / Hong Kong Bankruptcy Rule 48(5) / Model Law Article 8
HK CA Considers Insolvency Proceedings And Arbitration
In But Ka Chon, the CA suggested that the approach in Lasmos – that a petition to wind up a company should generally be dismissed where the contract contains an arbitration clause – propounded an overly one-sided approach to the discretion to set aside a statutory demand.
Continue Reading China Arbitration / England / Europe / Hong Kong / India / Malaysia / Newsletter / Singapore / UAE / USA
International Arbitration Newsletter No.2
This month, a series of cases from Malaysia dealing with injunctions, including to restrain the calling of performance bonds and the grant of an anti-arbitration injunction, as well as a review of the Rakna decision from Singapore, concerning the effects to enforcement of non-participation in the arbitration proceedings.
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Anti-Suit Injunction / Hong Kong / Injunction / Interpretation / Non Parties / Parallel Court and Arbitration Proceedings / USA
HK Court Grants Anti-Suit Injunction To Bind Non-Party To Arbitration
Baker McKenzie review the Hong Kong High Court’s decision in Dickson Valora Group (Holdings) Co …
Continue Reading International Arbitration Newsletter No. 1
An interesting array of legal developments this month including the Hong Kong court’s refusal to grant a stay to arbitration under Article 8 ML, and a range of enforcement-related cases from Hong Kong, Singapore and England.
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Appointment Of The Arbitrator(s) & Selection Of Rules in Hong Kong
Hugill & Ip provide an overview of the arbitral process in Hong Kong, dealing with …
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Interim Relief In Support of Hong Kong-Seated Arbitrations From Mainland Courts
As noted in the updates from Linklaters and Baker McKenzie the April 2019 Arrangement concerning …
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Interim Relief Protection In China For Hong Kong Arbitrations
The April 2019 agreement between the Hong Kong Government and China’s Supreme People’s Court will …
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Interim Relief From Mainland Chinese Court Will Become Available For Hong Kong Arbitrations
In a significant legal development, on 2 April 2019, the Hong Kong Government and the …
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Arrangement concerning mutual assistance / China Enforcement / Enforcement / Hong Kong / Jurisdiction / Time bars
Hong Kong Court Finds Enforcement Of Award Time Barred
Practitioners regularly encounter time bar and limitations issues when seeking to enforce or resist enforcement …
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Hong Kong’s Funding Code
Herbert Smith Freehills summarise the December 2018 publication of the Code of Practice for Third …
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Hong Kong Court Rules No Misconduct By Arbitrator
Herbert Smith Freehills reviews the decision in N v W [2018] HKCFI 2405, a decision …
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Hong Kong Court Orders Interim Relief Against Non-Parties
Herbert Smith Freehills reviews the 2018 decision of the Hong Kong High Court in Company …
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