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In Hong Kong

The 2024 HKIAC Administered Arbitration Rules: effective from 1 June 2024

by and 10 Mins Read

On 1 June 2024, the 2024 Administered Arbitration Rules of the Hong Kong International Arbitration Centre will come into effect. The 2024 Rules can be accessed here. The 2024 Rules maintain HKIAC’s “light touch” approach to case administration, which respects party autonomy and has been a fundamental feature of HKIAC administered arbitrations. This means that parties who have adopted arbitration under the HKIAC Administered Arbitration Rules in force when the arbitration commences can rest assured…

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In Hong Kong

Hong Kong Court of Court of First Instance remits awards to give arbitrator the opportunity to eliminate conflict with Hong Kong public policy on illegality

by 11 Mins Read

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…

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In Asia-Pacific

Baker McKenzie International Arbitration Yearbook 2022-2023 – Hong Kong

by and 20 Mins Read

A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong expands financing options for arbitration parties Third-party funding is an arrangement by which the funder receives a financial benefit only if the funded party is successful in the proceedings. It is contingent — the funder takes a risk that the claim will not succeed, while the funded party has a reduced financial risk. Third-party funding for arbitrations, arbitration-related court proceedings and mediations has been permitted in Hong Kong…

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In Asia-Pacific

Hong Kong court finds that award which is inconsistent with previous award concerning the same parties is manifestly invalid

by 10 Mins Read

In the recent case of W v AW,[1] W sought to set aside an award in the Hong Kong Court of First Instance, relying on issue estoppel. Issue estoppel may arise where a particular issue forming a necessary ingredient in a cause of action has been litigated and decided, and one of the parties seeks to re-open that issue in subsequent proceedings between the same parties involving a different cause of action to which the…

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