Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the Court of First Instance dismissed an application to set aside an award. At the outset, Chan J has made yet another effort to summarise the important principles set out in many of the Courts’ decisions on challenges to awards or their enforcement: Arbitration is a consensual process of final dispute resolution to which parties voluntarily agree, with…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you…
On January 1, 2024, China International Economic and Trade Arbitration Commission’s (CIETAC) newly amended arbitration rules (the 2024…
In G v N [2023] HKCFI 3366, an arbitrator decided on illegality under Hong Kong law applying the wrong test. G sought to set aside the awards, among others, on the ground that they are in conflict with Hong Kong public policy on illegality, alternatively for the matter to be remitted to the arbitrator to give him an opportunity to eliminate the setting aside grounds. The Court found that the awards were in conflict with…
In CVV and others v CWB [2023] SGCA(I) 9, the Singapore Court of Appeal (“SGCA”) upheld the Singapore…
A. LEGISLATION AND RULES A.1 No legislative amendments to the IAA or AA in Singapore International arbitration continues…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act of 2003 (“Arbitration Law”), which took effect in 2004, but this will change imminently. From 1 April 2024, the amended Arbitration Law will take effect (“Amended Arbitration Law”). After several steps in both the public and private sectors to build the country as an international dispute resolution hub in recent years, the overhaul of the underlying legislation…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Indonesia continues to be governed by Law No. 30…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong adopts restrictive state immunity doctrine State immunity is a…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by the Arbitration Act 2005, to which no legislative amendments have been made since 2018. A.2 Institutions, rules and infrastructure The Asian International Arbitration Centre (AIAC) in Malaysia has released its latest updates in the form of AIAC Arbitration Rules 2023, AIAC i-Arbitration 2023, and AIAC Mediation Rules 2023 ( “Rules”), which has taken effect from 24 August 2023. These Rules…