Arbitration Notes

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

Expectation measure of damages applied as at date of award

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 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 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 …

HONG KONG COURT REFUSES LEAVE TO APPEAL AWARD ON POINTS OF LAW

The Hong Kong Court of First Instance has refused leave to appeal a construction award on points of law because the decision of the arbitrator on the …

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 …

MILESTONE ARBITRATION JUDGMENT FROM HONG KONG'S HIGHEST COURT BRINGS GREATER CERTAINTY FOR COMMERCIAL CONTRACTS

Herbert Smith Freehills has secured a landmark judgment from the Hong Kong Court of Final Appeal, with significant practical implications for thousands …

FULLY VIRTUAL HEARING NOT A GROUND TO REFUSE ENFORCEMENT, HONG KONG COURT RULES

The Hong Kong Court of First Instance has ruled that the holding of a fully virtual hearing despite the opposition of one of the parties did not provide …

Hong Kong Court Clarifies Threshold for Setting Aside Awards

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 …

Fruit of collusion: Hong Kong Court set aside an enforcement order for a Mainland award

On a rare occasion, the Court of First Instance has set aside an enforcement order for a Mainland award (made under the auspices of the Zhanjiang …

FURTHER HONG KONG JUDGMENT CONFIRMS THAT AN ARBITRAL TRIBUNAL IS "THE MASTER OF ITS OWN PROCEDURAL RULES" AND COMPLIANCE WITH PRE-ARBITRATION CONDITIONS SHOULD NOT BE REVIEWED BY THE COURTS