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HONG KONG COURT STAYS "TRADEMARK SQUATTING" LITIGATION IN FAVOUR OF ARBITRATION
The Hong Kong Court of First Instance has stayed tortious claims relating to "trademark squatting" commenced pursuant to an exclusive jurisdiction clause …
FULLY VIRTUAL HEARING NOT A GROUND TO REFUSE ENFORCEMENT, HONG KONG COURT RULES
The Hong Kong Court of First Instance has ruled that the holding of a fully virtual hearing despite the opposition of one of the parties did not provide …
HONG KONG COURT GRANTS ANTI-ARBITRATION INJUNCTION TO PROTECT ENFORCEMENT OF PRIOR AWARD
The Hong Kong Court of First Instance ("CFI") has taken the rare step of granting an anti-arbitration injunction to restrain claims which sought to …
PRC LAW DOES NOT PROHIBIT THIRD PARTY FUNDING FOR ARBITRATION, COURT DECISIONS SAY
In two related decisions, different PRC courts have upheld third party funding arrangements for arbitration, finding that they were not prohibited by PRC …
HERBERT SMITH FREEHILLS SECURES VICTORY FOR AWARD CREDITORS IN HONG KONG CHALLENGE
The Hong Kong Court of First Instance has dismissed an application to set aside an award on due process and jurisdictional grounds, in a decision which …
HONG KONG COURT REFUSES LEAVE TO APPEAL RARE SUCCESSFUL CHALLENGE TO AWARD
The Hong Kong Court of First Instance has rejected an attempt by an award creditor to appeal against a rare successful challenge to an arbitral award. In …
HONG KONG COURT LIFTS STAY OF PROCEEDINGS BECAUSE ARBITRATION AGREEMENT SPENT
The Hong Kong Court of First Instance has lifted a stay of proceedings previously granted in favour of arbitration because the arbitration agreement was …
Beijing Financial Court upholds validity of asymmetric arbitration clause
The Beijing Financial Court has recently upheld the validity of an asymmetric (or "unilateral option") arbitration clause, determining that it did not …
HONG KONG COURT REFUSES TO ENFORCE AWARD DUE TO "GROSSLY UNFAIR AND UNJUST" PROCEDURE
The Hong Kong Court of First Instance has refused to enforce an arbitral award because the procedure adopted by the tribunal was so "seriously flawed" …
HONG KONG COURT UPHOLDS ENFORCEMENT OF "MANIFESTLY VALID" CIETAC AWARD
The Hong Kong Court of First Instance has rejected an “untenable” challenge to a US$21 million CIETAC award, holding that that the award was manifestly …
HONG KONG COURT FOLLOWS ENKA V CHUBB TO DETERMINE GOVERNING LAW OF DISPUTE RESOLUTION CLAUSE
A Hong Kong Court has followed the landmark judgment of the English Supreme Court in Enka v Chubb (reported here) to determine the governing law of a …
HKIAC 2022 CASE STATISTICS SHOW STRONG GROWTH AND CONTINUED APPEAL OF HONG KONG AS A LEADING SEAT
The HKIAC’s arbitration caseload reached its highest level for more than a decade last year, according to the institution’s recently released 2022 case …
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