Arbitration Notes

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 …

HONG KONG COURT REMITS AWARDS TO ARBITRATOR FOLLOWING CHANGE IN LAW OF ILLEGALITY DEFENCE

The Hong Kong Court of First Instance (“CFI”) has suspended set-aside proceedings in respect of two HKIAC awards on liability and quantum and remitted …

HONG KONG COURT SETS ASIDE DEFAULT JUDGMENT AND REFERS PARTIES TO ARBITRATION

The Hong Kong Court of First Instance has stayed proceedings under a loan agreement in favour of arbitration before the Guangzhou Arbitration Commission, …

Delhi High Court rules that third party funder has no liability to pay costs award against a losing funded party

In the recent case of Tomorrow Sales Agency Ltd v SBS Holdings Inc, a Division Bench of the Delhi High Court has refused to hold a third party funder …

English Commercial Court rules that a party must act "promptly" in raising a challenge to the effectiveness of arbitral proceedings, and rejects application for set aside of partial award

Summary In Radisson Hotels APS Denmark v Hayat Otel Işletmeciliği Turizm Yatırım Ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm) the Commercial Court …

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 …

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 …

SINGAPORE COURT OF APPEAL PARTIALLY SETS ASIDE ICC AWARD OVER ITS "FLEXIBLE APPROACH" TO DAMAGES

In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel …

Hong Kong court sets aside award for wrongful identification of party