Arbitration News from Hong Kong

New Arbitration Provisions Confirm that IP Disputes are Arbitrable in Hong Kong

On 1 January 2018, new provisions in the Arbitration Ordinance have come into force to confirm that all disputes relating to intellectual property rights...

Hong Kong Court continues injunction in aid of foreign arbitral proceedings despite delay in...

The Hong Kong courts have the power to grant interim relief in Hong Kong in aid of arbitral or court proceedings commenced in a...

Hong Kong Court Grants Receivership Order in Aid of a PRC-Seated CIETAC Arbitration

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets...

Hong Kong Passes Law to Allow Third Party Funding for Arbitration and Related Proceedings

Recent developments On 23 June 2017, the landmark Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance 2017 ("Amendment Ordinance") was published in the Government...

Hong Kong Court Dismisses Claim of Crown Immunity by Chinese State-Owned Enterprise

The Hong Kong Court of First Instance, in TNB Fuel Services Sdn Bhd v. China National Coal Group Corporation (08/06/2017, HCCT23/2015) ("TNB Case"), has...

First Time PRC Court Recognizes a Foreign Judgment Based on Principle of Reciprocity

On 9 December 2016, the Nanjing Intermediate People’s Court (“Jiangsu Court”) handed down a decision recognizing and enforcing a civil judgment made by the...

Court of Appeal provides clarification on “good faith” principle in the context of enforcement...

Hong Kong courts have a discretion to enforce foreign awards under the New York Convention ("NYC") even though a ground for resisting enforcement has...

Hong Kong Law Reform Commission Recommends Third Party Funding for Arbitration

Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration...

Fireless dragon: indemnity costs for unmeritorious challenge to arbitral award

Australian courts will not lightly set aside arbitral awards, including on public policy grounds. The recent case of Sino Dragon Trading Ltd v Noble Resources...

Failure to Specify Arbitral Seat in the Arbitration Clause May Result in Unenforceable Award

In a recent PRC case (the "Taizhou Court Case"), the Taizhou Intermediate People's Court ("Court") refused enforcement of an ICC award on grounds of...

 Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017 

Click here for the chapter on Hong Kong in the 2016-2017 Arbitration Yearbook.

 

Baker McKenzie’s Arbitration Yearbook 2015-2016 Edition

Click here for the chapter on Hong Kong in the 2015-2016 Arbitration Yearbook.