Arbitration News from Hong Kong

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...

Smoke and Mirrors? Structuring of Foreign Investments Following the Philip Morris Award

Perhaps the most high-profile case in the debate over investor-state arbitration in recent years has been the investment treaty claim by Philip Morris against...

Intended and Unintended Use of Option Clauses in Arbitration: Common Pitfalls and Drafting Tips

Parties who choose arbitration as an exclusive dispute resolution mechanism for their contracts usually agree that their disputes "shall" be referred to arbitration. In...

 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.