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May 6, 2024 | 
lexology.com | Simon Chapman KC |Kathryn Sanger |Antony Crockett |Helen Tang |Dana Kim |Martin Wallace | +2 more
The Hong Kong International Arbitration Centre (HKIAC) has released its new 2024 Administered Arbitration Rules (2024 HKIAC Rules), which will come into effect on 1 June 2024. The new rules were announced on 3 May 2024 against the backdrop of the 2024 Congress of the International Council for Commercial Arbitration being held in Hong Kong from 5-8 May 2024. They introduce a range of robust new powers and duties for tribunals and the HKIAC.
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Apr 30, 2024 | 
lexology.com | Helen Tang |Weina Ye |Martin Wallace |Nicole Jiang |Anita Lifen Zhao
Most of the leading arbitral institutions in the Mainland PRC experienced strong growth in 2023, according to the most recent statistics.
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Mar 31, 2024 | 
mondaq.com | Simon Chapman |Martin Wallace
The Hong Kong Court of First Instance has refused to enforce an
AAA-ICDR award because the arbitrator failed to give reasons for
her decisions on key issues (A v. B and Others [2024] HKCFI
751).
Mimmie Chan J found that the award simply recited the relevant
contractual provisions (the interpretation and effect of which was
disputed) and stated the orders made, without addressing the
parties' arguments or explaining the arbitrator's
reasoning.
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Mar 26, 2024 | 
mondaq.com | Kathryn Sanger |Jojo Fan |Martin Wallace |Hao Wu
The Hong Kong Court of First Instance has dismissed a challenge
to an interim order granted by an arbitrator to restrain court
proceedings in mainland China against non-parties to the underlying
arbitration agreement (G v. N [2024] HKCFI 721).
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Mar 25, 2024 | 
lexology.com | Simon Chapman KC |Martin Wallace
The Hong Kong Court of First Instance has refused to enforce an AAA-ICDR award because the arbitrator failed to give reasons for her decisions on key issues (A v. B and Others [2024] HKCFI 751). Mimmie Chan J found that the award simply recited the relevant contractual provisions (the interpretation and effect of which was disputed) and stated the orders made, without addressing the parties’ arguments or explaining the arbitrator’s reasoning.
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Mar 21, 2024 | 
lexology.com | Kathryn Sanger |Jojo Fan |Martin Wallace |Hao Wu
The Hong Kong Court of First Instance has dismissed a challenge to an interim order granted by an arbitrator to restrain court proceedings in mainland China against non-parties to the underlying arbitration agreement (G v. N [2024] HKCFI 721).
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Mar 19, 2024 | 
mondaq.com | Kathryn Sanger |Antony Crockett |Martin Wallace
The Hong Kong Court of First Instance has reversed the decision
of an HKIAC tribunal appointed under a loan agreement that it had
jurisdiction to determine claims under a related promissory note
containing a different HKIAC arbitration clause (AAA, BBB, CCC v. DDD [2024] HKCFI
513).
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Mar 18, 2024 | 
mondaq.com | Kathryn Sanger |Antony Crockett |Helen Tang |Martin Wallace
The HKIAC's recently released statistics for 2023 reveal that the institution
had a record-breaking year measured by the amount in dispute,
underscoring the appeal of Hong Kong and the HKIAC to international
parties as well as their unique role in facilitating the resolution
of PRC-related disputes.
The interim measures arrangement between Hong Kong and the
mainland PRC continues to be popular with parties and a significant
advantage of Hong Kong arbitration for PRC-related transactions.
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Mar 12, 2024 | 
lexology.com | Kathryn Sanger |Antony Crockett |Martin Wallace
The Hong Kong Court of First Instance has reversed the decision of an HKIAC tribunal appointed under a loan agreement that it had jurisdiction to determine claims under a related promissory note containing a different HKIAC arbitration clause (AAA, BBB, CCC v. DDD [2024] HKCFI 513).
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Jan 17, 2024 | 
mondaq.com | Kathryn Sanger |Jojo Fan |Martin Wallace
The Hong Kong Court of First Instance ("CFI") has
suspended set-aside proceedings in respect of two HKIAC awards on
liability and quantum and remitted the matter to the arbitrator (G v. N [2023] HKCFI 3366).
The decision centred on the arbitrator's denial of relief to
the claimant due to the illegality of the underlying transaction,
based on English authority which had ceased to be good law in Hong
Kong only a few days before the arbitrator's decision.
