Arbitration Notes

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 upholds jurisdiction challenge due to incompatible arbitration agreements

The Hong Kong Court of First Instance has set aside a jurisdictional award in an HKIAC arbitration under multiple contracts because the arbitration …

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 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 …

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

KEY JUDGMENT ON ARBITRATION CLAUSES AFFECTING THOUSANDS OF COMMERCIAL CONTRACTS