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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…

On 17 July 2019, Papua New Guinea (PNG) deposited its instrument of accession with the United Nations Secretary-General to become the 160th state to accede to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) and the fourth country of the South Pacific region. The New York Convention is widely recognised as a foundation instrument of international arbitration. It requires courts of other signatory United Nations member…

Under Hong Kong law, an arbitration agreement is premised upon an implied undertaking by the parties to perform an award. Accordingly, the 6-year time limit to enforce awards in Hong Kong runs from the time when the award debtor fails to honour that promise. In its recent decision in CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance (CFI) dismissed an enforcement application because it was made out of time. The…

We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now available. This edition reviews important developments in arbitration in the past year across 45 jurisdictions, including changes to the settlement of investor-State disputes, the ongoing uncertainty around the future of intra-EU BITs following the European Court of Justice’s decision in Achmea, the continued push for procedural efficiency, and revised national laws relating to the funding of arbitration…