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3 weeks ago | 
pinsentmasons.com | Karah Howard |Aleesha Way |Alexis Coleman |Arwyn Jones
The number of renewable energy projects has skyrocketed in recent years, with wind and solar the largest source of new energy in 2023, representing a 40% of overall increase in new capacity of renewable power. In the next 10 years, there is expected to be over $3 trillion of investments into power generation in the Asia-Pacific region, with around half in renewables.
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1 month ago | 
pinsentmasons.com | Karah Howard |Mohammed Talib |Alasdair Weir |Aleesha Way
The scheme allows short-term entry into Hong Kong SAR for people participating in arbitral proceedings in the jurisdiction, including arbitrators, expert and factual witnesses, legal representatives or parties involved in arbitration.
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1 month ago | 
pinsentmasons.com | Karah Howard |Aleesha Way |Alexis Coleman |Andrew Batty
If a contractor’s entitlement due to adverse weather is not covered in a contract, then the common law position is that weather risks are borne by the contractor, unless any other clauses, such as force majeure, can provide relief.
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1 month ago | 
pinsentmasons.com | Karah Howard |Aleesha Way |Alexis Coleman |Arwyn Jones
Karah Howard, energy and infrastructure expert at Pinsent Masons was commenting following publication of the plan (85 pages/1.6 MB), which sets out Japan’s ambitious energy investment goals for 2040 and beyond.
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2 months ago | 
pinsentmasons.com | Karah Howard |Mohammed Talib |Aleesha Way |Alexis Coleman
The Hong Kong Court of First Instance issued two injunctions in an ongoing arbitration being resolved by the US-based International Centre for Dispute Resolution, firstly ordering one company, referred to in the ruling as 'company C', to restrain from transferring assets to a subsidiary; and secondly restraining company C from disposing of assets up to $55 million, the amount its opponent, referred to as 'company A', was claiming in the proceedings.
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2 months ago | 
pinsentmasons.com | Karah Howard |Mohammed Talib |Aleesha Way |Alexis Coleman
The Practice Note on Compatibility of Arbitration Clauses under the HKIAC Administered Arbitration Rules (7-page / 288KB PDF) was released on 20 January, marking the first time an institution has released a practice note specifically on the compatibility of arbitration clauses.
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Sep 23, 2024 | 
pinsentmasons.com | Karah Howard |Alasdair Weir |Alastair Dale |Aleesha Way
Parties using new engineering contracts (NECs) for construction projects in the Hong Kong Special Administrative Region (SAR) need to understand the NEC’s nuanced approach to the assessment and payment of compensation events (CEs).
After identifying and notifying CEs, parties must assess the effect of the CEs and implement them.
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Jul 29, 2024 | 
pinsentmasons.com | Karah Howard |Adam Cain |Alasdair Weir
In the case L v R, parties to an arbitration agreement governed by the Hong Kong International Arbitration Centre’s rules entered into a settlement agreement during the arbitration proceedings, dismissing all claims and defences in the arbitration and stating that neither party was liable to the other in any way. The settlement agreement gave exclusive jurisdiction to the Hong Kong SAR courts and was governed by Hong Kong SAR law.
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May 7, 2024 | 
pinsentmasons.com | Karah Howard |Adam Cain |Aleesha Way
Arbitral awards in Hong Kong SAR are typically final and binding and, in most cases, there is no ordinary right to appeal based on errors of fact or law. Parties who wish to challenge an arbitral award must apply to the Court of First Instance (CFI) for an order to set aside the arbitral award under one of the narrow grounds set out in the Arbitration Ordinance, which is the legal framework that governs arbitration proceedings in Hong Kong SAR.
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May 3, 2024 | 
pinsentmasons.com | Karah Howard
Contributing to the appeal of NEC is its clarity and simplicity, its emphasis on proactive project management in the form of an early warning mechanism, its encouragement of collaborative risk management, and its provision for equitable risk allocation.
