Arbitration Notes
Tag: simon chapman kc
Showing 12 out of 32 results
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 …
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 …
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
"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 …
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
Hong Kong court assesses damages for breach of implied promise to honour arbitral award
Expectation measure of damages applied as at date of award
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 …
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
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 …
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 …
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
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 …
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