Hong Kong
Arbitration and Winding Up / Exclusive Jurisdiction Clause / Hong Kong

HK CA Inching Closer to Upholding Primacy of Arbitration Agreements in Winding Up proceedings?

- by Phillip Rompotis

This judgment deals primarily with the impact of an exclusive jurisdiction clause in the context of winding up proceedings, but also provides an inkling of how an arbitration agreement may be dealt with in the same context, and considers the extent to which the “bona fide dispute on substantial grounds” general test is being nudged aside in favour of upholding the primacy of an arbitration agreement.

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Setting Aside Award / Article 31 Model Law / Hong Kong / Public Policy / Reasons For Award

HK Court finds that only egregious errors warrant setting aside of award

- by Phillip Rompotis

Whether a Tribunal has adequately dealt with the issues put to it, and the effect of any failure to do so, often arises in set aside applications. In yet another decision from Hong Kong refusing to set aside an award, the High Court outlines the relevant authorities in some detail.

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Hong Kong / Competing Jurisdiction Clauses / Multiple Contracts / Non Participation in Arbitration

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

- by Phillip Rompotis

更新财务仲裁中出现的常见问题
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.

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Setting Aside Award / Hong Kong / Scope of Arbitration Clause

Hong Kong Court Refuses Enforcement

- by Phillip Rompotis

香港法院搁置执行裁决的命令
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.

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Hong Kong / England / International Arbitration / Singapore

Arbitrium Newsletter No. 11 – 1 September 2020

- by Phillip Rompotis

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 / Jurisdiction / Multi-tier Clauses / Serious Irregularity / Setting Aside Award

HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances

- by Phillip Rompotis

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.

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China Arbitration / England / Hong Kong / Newsletter / Singapore

International Arbitration Newsletter No.6

- by Phillip Rompotis

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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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

- by Phillip Rompotis

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).

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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

- by Phillip Rompotis

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.

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Australia / Cayman Islands / China Arbitration / England / Hong Kong / India / Newsletter / Singapore / USA

International Arbitration Newsletter No.4

- by Phillip Rompotis

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.

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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

- by Phillip Rompotis

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.

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Arbitration and Winding Up / Hong Kong / Stay to Arbitration

Arbitration And Winding Up – Lasmos & But Ka Chon Considered by HK Court

- by Phillip Rompotis

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.

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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

- by Phillip Rompotis

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.

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Australia / China Arbitration / England / Europe / Hong Kong / Malaysia / Newsletter / Singapore

International Arbitration Newsletter No.3

- by Phillip Rompotis

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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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

- by Phillip Rompotis

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.

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China Arbitration / England / Europe / Hong Kong / India / Malaysia / Newsletter / Singapore / UAE / USA

International Arbitration Newsletter No.2

- by Phillip Rompotis

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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