Arbitration Notes

ENFORCEMENT OF MAINLAND PRC AWARD REFUSED IN HONG KONG DUE TO CONDUCT OF ARBITRATOR ATTENDING BY VIDEO CONFERENCE

The Hong Kong Court of First Instance has refused to enforce a Chengdu Arbitration Commission award on public policy grounds, due to "serious …

HONG KONG COURT REJECTS ATTEMPT TO OVERTURN ANTI-ARBITRATION INJUNCTION IN RUSSIA SANCTIONS CASE

The Hong Kong Court of First Instance has dismissed an application to discharge an anti-suit injunction restraining Russian court proceedings brought in …

HONG KONG TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY FOLLOWING LANDMARK CHANGE IN PRC LAW

Foreign states will no longer be immune from suit or execution in Hong Kong in respect of certain commercial activities and assets, with effect from 1 …

HONG KONG COURT UPHOLDS CLAIMANT'S JURISDICTIONAL CHALLENGE IN RELATION TO NON-PARTY SEEKING JOINDER

The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that …

English Commercial Court rejects consumer's public policy challenge to arbitration award due to insufficiently "close connection" of the contract to UK

In Eternity Sky Investments Ltd v Mrs Xiaomin Zhang [2023] EWHC 1964 (Comm), the English Commercial Court has rejected a challenge to an arbitration …

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 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 …

Hong Kong arbitration success fee regime fully in force

Lawyers can now offer success-based fee arrangements for work in Hong Kong on arbitrations and related proceedings. On 16 December 2022, Hong Kong …

HKIAC USERS GAIN ADDITIONAL ROUTE TO MAINLAND INTERIM RELIEF AND ENFORCEMENT