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Tag: dana kim

Showing 12 out of 16 results

21 October 2024

Hong Kong court reconciles conflicting dispute resolution clauses and refers parties to arbitration

Reference to "relevant legally authorised body in Hong Kong for arbitration" evinced clear intention to arbitrate; exclusive Hong Kong court jurisdiction …

14 October 2024

Hong Kong court grants anti-suit relief against sanctioned Russian bank

German bank obtains injunctions to restrain Russian court proceedings commenced in breach of HKIAC arbitration agreement; argument that court lacked …

02 October 2024

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

04 September 2024

"It takes two to tango": Hong Kong Court of Appeal upholds award challenge due to lack of dispute between parties

Arbitrator lacked jurisdiction to grant declaration of non-liability where no liability alleged; award contrary to public policy due to improper comments …

29 August 2024

Ex parte communications lead to successful award challenge in Hong Kong

Enforcement refused on due process and public policy grounds after 7-year extension to award deadline on which respondent had no opportunity to comment

27 August 2024

Hong Kong court assesses damages for breach of implied promise to honour arbitral award

Expectation measure of damages applied as at date of award

20 August 2024

Hong Kong decision illustrates important exception to arbitral confidentiality

Disclosure of information relating to HKIAC arbitration in parallel court litigation was to protect or pursue a legal right or interest and thus …

24 June 2024

Hong Kong court to consider whether grounds for challenging awards apply to arbitration settlement agreements

Status of a procedural order which terminates proceedings and renders tribunal functus officio will also be considered

21 June 2024

No implied provision for appeals on questions of law in share purchase agreement, Hong Kong court rules

Arbitration agreement concluded prior to 1 June 2011 did not provide expressly or impliedly for "domestic arbitration", hence regime for appeals on …

17 June 2024

Hong Kong court denies stay of award enforcement pending result of separate arbitration

Anti-set-off clause upheld by arbitrator meant that cross-claims in separate arbitration could not give rise to a set-off against the award debt; no …

14 June 2024

Hong Kong court refuses leave to appeal on questions of law against interim injunction granted by arbitrator

Decision is the latest to underline the important distinction between awards and interim orders

12 June 2024

Hong Kong court confirms power to grant security for costs in set-aside applications

The Hong Kong Court of First Instance has ordered three award debtors to pay HK$2 million (approximately US$250,000) as security for the costs of an …