HONG KONG Philipp Hanusch and James Ng A. LEGISLATION AND RULES A.1 Legislation A.1.1 Amendments to the mutual enforcement arrangement between Hong Kong and the Mainland Upon Hong Kong’s return to the People’s Republic of China (PRC) on 1 July 1997, the PRC extended the territorial application of the New York Convention to Hong Kong. However, arbitral awards made in Hong Kong could no longer be directly enforced in the Mainland and vice versa, as…
1. Introduction[1] Once an arbitral award is issued, it becomes final and binding. However, the award may contain…
Introduction Under Hong Kong law, a company shall be deemed to be unable to pay its debts if…
Introduction The only recourse for a party seeking to challenge a Hong Kong award is to apply to the Hong Kong Court of First Instance (“Court”) for the setting aside of the award. The grounds under Hong Kong law mirror the setting aside grounds under the UNCITRAL Model Law and the grounds for refusing enforcement under the New York Convention.[1] In dealing with setting aside applications or applications to refuse enforcement, the Court is concerned…
Parties to commercial litigation in the Hong Kong Court of First Instance (CFI) have been facing prolonged waiting…
HONG KONG Philipp Hanusch A. LEGISLATION AND RULES A.1 Legislation A.1.1 Landmark arrangement between Mainland China and Hong…
On 1 October 2019, the landmark arrangement between the Hong Kong Government and China’s Supreme People’s Court on interim measures in aid of arbitrations (“Arrangement”) will enter into operation.[1] The Arrangement allows parties to Hong Kong seated arbitrations administered by HKIAC, CIETAC (Hong Kong), ICC (Asia Office) or certain other eligible arbitral bodies to obtain an interim measure from the Chinese Courts that will be enforceable in Mainland China. The Arrangement has significant implications for…
In circumstances where a non-party to a contract becomes entitled to enforce a right under that contract (for…
Under Hong Kong law, an arbitration agreement is premised upon an implied undertaking by the parties to perform…
The Hong Kong Government has just announced that the provisions permitting third party funding in arbitrations will operate from February 1, 2019. It has also published a Code of Practice for Third Party Funding of Arbitration, issued under the Arbitration Ordinance (Cap. 609). What this means Hong Kong is an “arbitration-friendly” jurisdiction and the courts strongly support the independence and enforceability of arbitral awards. As a result, Hong Kong is one of the key and…