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HONG KONG: COURT REFUSES STAY WHERE ARBITRATION CLAUSE NOT INCORPORATED FROM CHARTERPARTY
In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] HKCFI 375, the Hong Kong Court of First Instance (Court) dismissed a summons for a stay of …
BEIJING COURT UPHOLDS ARBITRATION IN DOMESTIC CONTRACT WHERE DISPUTE PROVISIONS CONFLICT
On 17 January 2020, by its ruling numbered (2019) Jing 04 Min Te 135 (Ruling), the Beijing Fourth Intermediate People’s Court (Beijing Court) upheld the …
THE UNITED REPUBLIC OF TANZANIA PROPOSES ARBITRATION REFORMS TO PLACATE FOREIGN INVESTORS. WILL IT WORK?
Authors: Emma Schaafsma and Kemi Wood Introduction In 2017, the Tanzanian government introduced a raft of legislative reforms to the …
Singapore and Fiji ratify the Singapore Convention on Mediated Settlement Agreements taking a significant step towards its entry into force
Yesterday, on 25 February 2020, Singapore and Fiji became the first two countries to deposit at the United Nations Headquarters their instruments of …
Chinese Supreme People's Court releases revised rules of evidence in civil proceedings and further policy paper on Shanghai's Lin-gang Free Trade Zone
The Chinese Supreme People's Court (SPC) issued a series of judicial interpretations and opinions in December 2019 in relation to the rules of evidence …
ARBITRATION OF CLIMATE CHANGE DISPUTES
DISPUTE RESOLUTION CHOICES FOR BANKS AND FINANCIAL INSTITUTIONS IN A POST-BREXIT WORLD: OPTING FOR ARBITRATION?
CASELOAD STATISTICS SHOW INCREASING DEMAND FOR ARBITRATION BY MALAYSIAN PARTIES
Hong Kong court: remission for reconsideration – not an automatic cure for substantial injustice
In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards which were found to …
New BAC Rules to enter into force on 1 September 2019
The Beijing Arbitration Commission (BAC) has updated its arbitration rules and fee schedule. The new versions will replace the current (2015) version, …
Herbert Smith Freehills - SMU Asian Arbitration Lecture
This year marks the ninth edition of the Herbert Smith Freehills - SMU Asian Arbitration Lecture Series. We are delighted that The Honourable Justice …
No If, No But – Will an arbitration agreement always trump a winding-up petition?
In But Ka Chon v Interactive Brokers LLC [2019] HKCA 873, the Hong Kong Court of Appeal dismissed an appeal to set aside a statutory demand arising out …
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