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The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules (2018 Rules) will come into force on 1 November 2018. The 2018 Rules can be found here. The 2018 Rules introduce a raft of important and useful amendments including rules facilitating complex arbitrations, a procedure for an early determination of points of law or fact, shorter time limits under the emergency arbitrator procedures, third party funding provisions,…

This article discusses the decision of the Hong Kong Court of Final Appeal (“CFA”) in Astro v First Media.[1] The CFA has allowed First Media to resist enforcement of awards under the New York Convention out of time. The CFA’s decision is important because it clarifies the applicable principles when considering whether time should be extended where an award debtor seeks to resist enforcement after the prescribed time limit has expired. In this case, First…

Investment treaty arbitrations may be brought under the rules of many different arbitration institutions. As can be expected, each institution has its unique rules and associated collection of risks and benefits. The updated table below[1] provides a quick reference guide for the rules of several key institutions, the SIAC, the SCC, ICSID, UNCITRAL, CIETAC and the PCA. Click here to view the Pdf version. This is a simplified guide intended to provide an overview of the…

In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in handling post-M&A disputes can give them an insight into the risks and common problems that arise in M&A transactions post-completion, and how these may be best mitigated at the contract drafting and management stage. At Baker McKenzie our M&A disputes specialists work as a team with our corporate colleagues in order assist in managing and mitigating risk…