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The Hong Kong courts have the power to grant interim relief in Hong Kong in aid of arbitral or court proceedings commenced in a foreign jurisdiction. Such interim relief is designed to preserve assets or prevent misuse or disclosure of confidential information pending the outcome of the foreign proceedings and may be granted even where those proceedings have not yet been commenced. However, this would normally be subject to the plaintiff undertaking to issue and…

The Singapore High Court has reaffirmed that Singapore courts have the power to stay court proceedings in favour of arbitration, even where the party seeking the stay is not a party to relevant arbitration agreement and arbitration proceedings have not yet been commenced (Gulf Hibiscus Ltd v Rex International Holding Ltd & Anor [2017] SGHC 210). Background Gulf Hibiscus (Gulf), Rex Middle East (RME), and Schroder & Co Banque were shareholders in Lime Petroleum PLC…

In another ground-breaking case, the Singapore High Court has set aside an investor-State arbitral award on the basis that the tribunal exceeded its jurisdiction. This case follows on from the recent judgment in Sanum Investments Ltd v Government of the Lao People’s Democratic Republic [2016] SGCA 57, in which the Singapore Court of Appeal found that an investor-State arbitral tribunal did have jurisdiction to hear claims against the Government of Laos. It further demonstrates the…

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets and evidence held in Hong Kong (usually by the respondent company). Such interim measures are helpful because many companies (including PRC companies) often do have assets in Hong Kong. These interim orders can cover relief which may not otherwise be available from the arbitral tribunal or the courts in the foreign…