Arbitration Notes

"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 …

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 …

Inconsistent dispute resolution clauses – exploring the limits of the Fiona Trust presumption

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

HONG KONG: COURT REFUSES STAY WHERE ARBITRATION CLAUSE NOT INCORPORATED FROM CHARTERPARTY

In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Co Ltd [2020] HKCFI 375, the Hong Kong Court of First Instance (Court) dismissed a summons for a stay of …

HONG KONG: COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN FOREIGN PROCEEDINGS IN BREACH OF AN ARBITRATION AGREEMENT UNDER AN INSURANCE POLICY

In the recent case of AIG Insurance Hong Kong Ltd v Lynn McCullough and William McCullough [2019] HKCFI 1649, the Hong Kong Court of First Instance (CFI) …

HONG KONG COURT FINDS THAT DEFENDANT WAIVED RIGHT TO CHALLENGE JURISDICTION

Israel Sorin Shohat, the Third Defendant in proceedings commenced by Mr Balram Chainrai, sought to challenge the jurisdiction of Hong Kong courts to hear …

HONG KONG COURT OF APPEAL: COMMON LAW ACTIONS AVAILABLE TO ENFORCE ARBITRAL AWARDS

Two key developments emerge from the long-running proceedings in Xiamen Xinjingdi Group Co Ltd v Eton Properties Ltd [2016] 2 HKLRD 1106 and Xiamen …

Astro prevails again against First Media (Lippo) in Hong Kong

In the long running Astro/First Media (also known as Lippo) enforcement dispute, First Media has failed to obtain leave to appeal to the Court of Final …

Astro v Lippo: First Media's Hong Kong appeal dismissed

Hong Kong's Court of Appeal (CA) has given judgment in the latest instalment of the dispute between Malaysia's Astro media group and Indonesia's Lippo. …

Hong Kong court upholds constitutionality of limits on appeal

In Wing Bo Building Construction Company Limited v Discreet Limited (HCA 146/2015) the Hong Kong Court of First Instance ("CFI") has upheld the …

Competing jurisdiction clauses in a multi-contract scenario: a potential case management solution from Hong Kong

In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set …