Tag: martin wallace

Showing 60 out of 62 results

09 October 2023

HONG KONG COURT REJECTS ATTEMPT TO OVERTURN ANTI-ARBITRATION INJUNCTION IN RUSSIA SANCTIONS CASE

The Hong Kong Court of First Instance has dismissed an application to discharge an anti-suit injunction restraining Russian court proceedings brought in …

25 September 2023

HONG KONG TO APPLY COMMERCIAL EXCEPTION TO STATE IMMUNITY FOLLOWING LANDMARK CHANGE IN PRC LAW

Foreign states will no longer be immune from suit or execution in Hong Kong in respect of certain commercial activities and assets, with effect from 1 …

24 August 2023

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 …

09 August 2023

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 …

29 June 2023

HONG KONG COURT STAYS "TRADEMARK SQUATTING" LITIGATION IN FAVOUR OF ARBITRATION

The Hong Kong Court of First Instance has stayed tortious claims relating to "trademark squatting" commenced pursuant to an exclusive jurisdiction clause …

21 June 2023

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 …

30 May 2023

HONG KONG COURT GRANTS ANTI-ARBITRATION INJUNCTION TO PROTECT ENFORCEMENT OF PRIOR AWARD

The Hong Kong Court of First Instance ("CFI") has taken the rare step of granting an anti-arbitration injunction to restrain claims which sought to …

17 May 2023

HERBERT SMITH FREEHILLS SECURES VICTORY FOR AWARD CREDITORS IN HONG KONG CHALLENGE

The Hong Kong Court of First Instance has dismissed an application to set aside an award on due process and jurisdictional grounds, in a decision which …

04 May 2023

HONG KONG COURT REFUSES LEAVE TO APPEAL RARE SUCCESSFUL CHALLENGE TO AWARD

The Hong Kong Court of First Instance has rejected an attempt by an award creditor to appeal against a rare successful challenge to an arbitral award. In …

22 March 2023

HONG KONG COURT REFUSES TO ENFORCE AWARD DUE TO "GROSSLY UNFAIR AND UNJUST" PROCEDURE

The Hong Kong Court of First Instance has refused to enforce an arbitral award because the procedure adopted by the tribunal was so "seriously flawed" …

16 March 2023

HONG KONG COURT UPHOLDS ENFORCEMENT OF "MANIFESTLY VALID" CIETAC AWARD

The Hong Kong Court of First Instance has rejected an “untenable” challenge to a US$21 million CIETAC award, holding that that the award was manifestly …

07 March 2023

HONG KONG COURT FOLLOWS ENKA V CHUBB TO DETERMINE GOVERNING LAW OF DISPUTE RESOLUTION CLAUSE

A Hong Kong Court has followed the landmark judgment of the English Supreme Court in Enka v Chubb (reported here) to determine the governing law of a …