Arbitration Notes

HONG KONG COURT AFFIRMS DISCRETION TO WIND UP FOREIGN COMPANY, REFUSES STAY TO ARBITRATION

“NECESSITY IS THE MOTHER OF INVENTION”: COVID-19 DRAMATICALLY ACCELERATES DIGITALISATION OF ARBITRATION PROCESSES

ENGLISH COURT GRANTS ANTI-SUIT INJUNCTION RESTRAINING FOREIGN PROCEEDINGS IN BREACH OF ARBITRATION AGREEMENT INCORPORATED BY REFERENCE IN BILLS OF LADING

ENGLISH COURT ALLOWS SECTION 69 APPEAL OF AN AWARD ON A POINT OF LAW – OWNERS WERE REQUIRED TO PROVIDE BILLS OF LADING IN SUPPORT OF THEIR DEMURRAGE CLAIM

ENGLISH COURT OF APPEAL ORDERS NON-PARTY TO GIVE EVIDENCE IN SUPPORT OF NEW YORK-SEATED ARBITRATION

AWARD CREDITORS SUCCESSFULLY CHALLENGE AWARD TO CLARIFY IDENTITY OF A PARTY

AIAC-Herbert Smith Freehills webinar: A computer-side chit-chat with Peter Godwin on 30 March

Join us for an upcoming webinar, presented by Herbert Smith Freehills and the Asian International Arbitration Centre, titled “A Computer-Side …

HONG KONG: COURT MAKES WINDING UP ORDER WHERE DEBTOR UNABLE TO PROVE BONA FIDE DISPUTE ON SUBSTANTIAL GROUNDS

The Hong Kong Court of First Instance has declined to prioritise an arbitration agreement where a debtor intended to dispute the existence of a debt …

HONG KONG: COURT DISMISSES SET ASIDE APPLICATION WHERE PARTY ALLEGES ARBITRATION AGREEMENT A SHAM

The Hong Kong Court of First Instance dismissed an application to set aside an arbitral award, rejecting claims that the underlying agreement was a sham …

THE CONTINUING IMPORTANCE OF FULL AND FRANK DISCLOSURE IN APPLICATIONS FOR FREEZING ORDERS IN SUPPORT OF ARBITRATION

ENGLISH COURT REFUSES TO STAY COURT PROCEEDINGS UNDER ARBITRATION ACT 1996 IN CASE INVOLVING COMPETING JURISDICTION AND ARBITRATION CLAUSES

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 …