Arbitration Notes

Hong Kong in focus: a review of recent arbitration-related court decisions

Hong Kong court grants anti-suit relief against sanctioned Russian bank

German bank obtains injunctions to restrain Russian court proceedings commenced in breach of HKIAC arbitration agreement; argument that court lacked …

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 …

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

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

HONG KONG: ARBITRATION FAVOURED OVER LABOUR TRIBUNAL IN EMPLOYEE BONUS DISPUTE

HONG KONG COURT CONSTRUES INCONSISTENT DISPUTE RESOLUTION CLAUSES IN RELATED CONTRACTS

HONG KONG COURT CONSIDERS PERMISSIVE ARBITRATION CLAUSES

HERBERT SMITH FREEHILLS UPDATES ESSENTIAL GUIDE TO DISPUTES CLAUSES IN CHINA CONTRACTS

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 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 INTERIM ANTI-SUIT INJUNCTION IN FAVOUR OF ARBITRATION TO RESTRAIN COURT PROCEEDINGS INVOLVING THIRD PARTY

In GM1 and GM2 v KC [2019] HKCFI 2793, the Hong Kong Court of First Instance granted an interim anti-suit injunction restraining mainland Chinese court …