Arbitration Notes

Hong Kong courts dismiss five award challenges over eleven-day period

Unsuccessful award debtors ordered to pay indemnity costs in every case; lawyers who acted in “totally baseless” enforcement challenge heavily criticised

HONG KONG COURT REJECTS AWARD CHALLENGE AFTER RE-ARBITRATION OF DISCRETE EVIDENTIAL ISSUE

The Hong Kong Court of First Instance has upheld the enforcement of a CIETAC award following the re-arbitration by a new tribunal of a limited evidential …

NEW CIETAC RULES COME INTO EFFECT

The updated arbitration rules of the China International Economic and Trade Arbitration Commission ("CIETAC"), one of the leading PRC arbitral …

SINGAPORE WINDING UP PROCEEDINGS DISMISSED WITH COSTS BECAUSE APPLICANT SHOULD HAVE ARBITRATED FIRST

The Singapore High Court has dismissed a winding-up application by a prospective creditor where the basis of the alleged outstanding debt was subject to …

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 …

2021/2022 INSTITUTIONAL CASELOAD STATISTICS: THE AIAC AND SIAC REMAIN THE PREFERRED ARBITRATION INSTITUTIONS BY MALAYSIAN PARTIES

Following on from our previous updates in 2019, 2020, and 2021, we analyse the publicly available caseload statistics for the usage of various arbitral …

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 …

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 …

CIETAC 2022 statistics show its endeavour in line with international practices

The China International Economic and Trade Arbitration Commission (CIETAC) has published its 2022 statistics and 2023 Work Plan. In 2022, CIETAC saw …

ENFORCEMENT OF CIETAC AWARD IN HONG KONG STAYED, BUT NOT FOR LONG

Summary In a further decision in the long-running G v X matter (see our previous blog post here), the Hong Kong court has decided to stay enforcement of …

RISE IN ARBITRATION CASES IN 2020 DESPITE REDUCED VOLUME OF IN PERSON HEARINGS DUE TO CORONAVIRUS PANDEMIC