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.
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.
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.
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.
The Hong Kong High Court stays third party proceedings on the basis that the parties were bound by the arbitration clause contained in the insurance policy, reinforcing the principle of party autonomy.
The Court sets aside an award on the basis that the party against whom an award had been rendered was not the party to the arbitration agreement.
The Hong Kong High Court sets aside an order to enforce an arbitration award on the basis that the tribunal’s findings were beyond the scope of the arbitration clause and the parties submission to arbitration and that the respondent in the arbitration had not been given a reasonable opportunity to present its case and to meet the claimant’s case in the arbitration.
In the first Newsletter for 2021, we report on two important English Supreme Court decisions – Enka Insaat and Halliburton, and a number of other decisions from England, Hong Kong and Singapore.
On 17 December 2020, the Hong Kong Law Reform Commission published a consultation paper proposing lawyers could use outcome related fee structures for arbitration.
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.
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.
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.
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.Continue Reading
The HKIAC publishes an update on the Arrangement concerning Mutual Assistance for interim measures between Hong Kong and the Mainland, highlighting its continued success.
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.
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.Continue Reading
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.Continue Reading
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.
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.
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.
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.
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.
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.Continue Reading
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.
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.
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.
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.Continue Reading
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.
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).
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.
The HK High Court refuses leave to appeal an award under the Schedule to the Ordinance, finding that the Arbitrator was “not obviously wrong”.
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.Continue Reading
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.
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.
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.
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.
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.
A cross-border update of judgments dealing with challenges to arbitration awards, dealing with decisions from the courts of Hong Kong, Singapore and England.
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.
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.
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.
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.Continue Reading
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.Continue Reading
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.Continue Reading
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.Continue Reading
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.Continue Reading
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
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.Continue Reading
Baker McKenzie review the Hong Kong High Court’s decision in Dickson Valora Group (Holdings) Co …Continue Reading
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.Continue Reading