Arbitration Notes

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 …

SINGAPORE COURT OF APPEAL PARTIALLY SETS ASIDE ICC AWARD OVER ITS "FLEXIBLE APPROACH" TO DAMAGES

In CEF and another v CEH, the Singapore Court of Appeal partially set aside a €62 million ICC award concerning the construction of an iron and steel …

Hong Kong court sets aside award for wrongful identification of party

Hong Kong court declines to grant time extension to a set-aside application which was made seven days after the statutory deadline

NOW OR NEVER: MALAYSIA CONFIRMS FAILURE TO OBJECT WAIVES RIGHT TO CHALLENGE

Hong Kong court: remission for reconsideration – not an automatic cure for substantial injustice

In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards which were found to …

English High Court sets aside award for failure to properly cross-examine a witness on a core issue and basing its decision on matters not properly argued by the parties

Three Amendments to New Zealand’s Arbitration Act 1996

Overview   The New Zealand Arbitration Act 1996 was amended on 8 May 2019 with the aim of increasing New Zealand’s attractiveness as an arbitral hub …

BEIJING COURT REJECTS APPLICATION TO SET ASIDE TRIBUNAL'S INSTRUMENT RECORDING MEDIATED SETTLEMENT TERMS, CITING LACK OF LEGAL BASIS

In Li Lian Dong and Others v Shen Yi (2018) Jing 04 Min Te 541, a first instance decision made earlier this year, the Beijing 4th Intermediate People’s …

Set-aside not a backdoor to appeal: Hong Kong Court

In N v W [2018] HKCFI 2405, the Hong Kong Court of First Instance refused to remit or set aside an award on the basis that an arbitrator had misconducted …

Back whence it came: Hong Kong Court remits Award for serious irregularity

A tribunal had decided liability and awarded sums as due on a basis not advanced by the claimant. In P v M [2018] HKCFI 2280, The Hong Kong Court of …

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou …