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…
In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based…
In brief Even with the fiscal stimulus and other measures taken by the Federal and State governments in…
Parties to commercial litigation in the Hong Kong Court of First Instance (CFI) have been facing prolonged waiting times for their trials. The situation was exacerbated as a consequence of the “General Adjournment Period” (GAP) from 29 January to 3 May 2020, during which the CFI was closed for ordinary court business due to COVID-19. The GAP and a continuing impact of COVID-19 may mean increased trial waiting times as courts try to clear their…
In brief In BWG v. BWF,[1] the Court of Appeal considered whether a party involved in multiple proceedings…
On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention…
The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and creditor is subject to an arbitration agreement. Background Under Section 254(2)(a) of the Singapore Companies Act, a company can be wound-up by the court upon the application of a creditor who has served a statutory demand on the company for a debt of SGD 10,000 or more and the debt continues…
Overview Should a foreign investor have its assets expropriated (whether directly, or through creeping expropriation or regulatory encroachment),…
Investment in renewable energies is a vital part of the global strategy to address climate change. Many States provide strong support and incentives to encourage investments and accelerate the growth of this sector. Other States, such as Spain, Italy and the Czech Republic, have withdrawn incentives or subsidies that were offered. Such regulatory changes have had a detrimental impact on the development and growth of renewable energy. There may be minimal, or indeed no scope,…