Baker McKenzie’s Arbitration Yearbook 10th Anniversary Edition 2016-2017
Click here for the chapter on Hong Kong in the 2016-2017 Arbitration Yearbook.
Arbitration News from Hong Kong
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...
Law Reform Commission Sub-committee Recommends Third Party Funding for Hong Kong Arbitrations
Editor’s note: This article was first published in October 2015. Since then, the consultation period during which comments could be submitted to the Sub‑committee...
Hong Kong Court Refers Parties to Arbitration in Dispute Involving Jurisdiction and Arbitration Clauses
Parties entering into related contracts should carefully consider how future disputes ought to be resolved. This alert will look at a recent Hong Kong...
