Arbitration Notes

Inside Arbitration Issue 21: Perspectives on cross-border disputes

Assignees beware: English court confirms taking contract benefit means accepting related obligation to arbitrate

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

NEW CIETAC RULES COME INTO EFFECT

The updated arbitration rules of the China International Economic and Trade Arbitration Commission ("CIETAC"), one of the leading PRC arbitral …

MAJOR REPORT HIGHLIGHTS POTENTIAL DIVERSITY DIVIDEND FOR ARBITRATOR SELECTION

A ground-breaking report on arbitrator selection suggests that parties could secure improved outcomes by adopting more formalised processes and actively …

HONG KONG COURT CONFIRMS JUDICIAL IMMUNITY TO ARBITRATORS WHEN COMPELLED TO GIVE EVIDENCE

In Song Lihua v Lee Chee Hong [2023] HKCFI 1954, the Court of First Instance considered whether arbitrators can be compelled to give evidence in …

HONG KONG COURT LIFTS STAY OF PROCEEDINGS BECAUSE ARBITRATION AGREEMENT SPENT

The Hong Kong Court of First Instance has lifted a stay of proceedings previously granted in favour of arbitration because the arbitration agreement was …

Hong Kong Court Clarifies Threshold for Setting Aside Awards

HKIAC USERS GAIN ADDITIONAL ROUTE TO MAINLAND INTERIM RELIEF AND ENFORCEMENT

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 …

Hong Kong one step closer to arbitration success fees

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses