Key changes to the CIETAC Arbitration Rules
The China International Economic and Trade Arbitration Commission (“CIETAC“) has recently published its revised Arbitration Rules, which will come into force on 1 May 2012 (the “2012 Rules“). This is...
View ArticleThe loser pays it all: Hong Kong Court of Appeal confirms principle of...
By Justin D’Agostino, Tracy Wu and Briana Young The Hong Kong Court of Appeal recently awarded indemnity costs against an applicant who attempted unsuccessfully to set aside an arbitral award. In a...
View ArticleHong Kong Court of Final Appeal refuses leave to appeal in the Grand Pacific...
By Justin D’Agostino, Martin Wallace and Yi-Shun Teoh The Year of the Snake has begun auspiciously for arbitration in Hong Kong, with a recent decision of the Hong Kong Court of Final Appeal (“CFA”)...
View ArticleHong Kong tables amendments to arbitration law
by Justin D’Agostino and Briana Young On 28 March 2013, Hong Kong gazetted The Arbitration (Amendment) Bill 2013. The Bill proposes amendments to Hong Kong’s Arbitration Ordinance (Cap. 609) to...
View ArticleHong Kong Court of Final Appeal confirms robust approach to costs in...
By Justin D’Agostino and Yi-Shun Teoh In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that...
View ArticleArbitration in Asia at full gallop
By Justin D’Agostino and Sean Izor In the past, arbitration laws and arbitral institutions in Asia have often been seen as less well developed when compared to their Western counterparts. However, just...
View ArticleThe Aftermath of the CIETAC Split: Two years on, lower courts take clashing...
By Justin D’Agostino, Jessica Booth and Tracy Wu, Herbert Smith Freehills Ever since the internal fight between CIETAC (Beijing) and its Shanghai and Shenzhen sub-commissions became public in May 2012,...
View ArticleRevisions to the HKIAC’s Model Clauses address uncertainty regarding the law...
By Justin D’Agostino and Timothy Hughes, Herbert Smith Freehills The Hong Kong International Arbitration Centre (“HKIAC“) has amended its Model Clauses in order to include an optional provision that...
View ArticleWhen the East Meets the Far East: the Impact of Russian Sanctions on...
and Brenda Horrigan and Rebecca Soquier, Herbert Smith Freehills LLP, Shanghai The sanctions arising out of the Ukrainian crisis have led commercial entities to consider their options for resolving...
View ArticleHong Kong Law Reform Commission releases Consultation Paper on Third Party...
On 19 October 2015, the Hong Kong Law Reform Commission published a Consultation Paper recommending that third party funding should be permitted for arbitrations in Hong Kong. The Paper invites public...
View ArticleMixing and matching arbitration rules in mainland China – the pros and cons...
Justin D'Agostino Herbert Smith FreehillsIn recent years, an increasing number of parties to arbitration clauses providing for CIETAC arbitration in mainland China have chosen to take advantage of...
View ArticleThe Hong Kong Financial Dispute Resolution Centre – Specialist arbitrators...
Justin D'Agostino Herbert Smith FreehillsThe aftermath of the Lehman Brothers’ bankruptcy saw more than 20,000 retail investors in Hong Kong suffer losses from investments in structured products. This...
View ArticleNew Hong Kong Arbitration Ordinance comes into effect
Justin D'Agostino Herbert Smith FreehillsThe new Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) comes into effect today, having been approved by the Hong Kong Legislative Council at the...
View ArticleArbitration in Hong Kong: Immune from immunity?
Justin D'Agostino Herbert Smith FreehillsIn a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final...
View ArticleWho wears the crown? Immunity and the identification of the sovereign in Hong...
Justin D'Agostino Herbert Smith FreehillsAlmost every country of the world has seen an enormous increase in the involvement of the State in economic activity over the past century. This trend is...
View ArticleFirst aid in arbitration: Emergency Arbitrators to the rescue
Justin D'Agostino Herbert Smith FreehillsIn an emergency, swift and effective action is required. Yet in international arbitration proceedings, it can take weeks or months to constitute an arbitral...
View ArticleHong Kong’s arbitration year in review: a Christmas blog
Justin D'Agostino Herbert Smith Freehills2011 has delivered some significant arbitration developments in Hong Kong, most of which (with some exceptions!) have been undoubtedly positive. So, what were...
View ArticleArb-med procedures and enforcement in Hong Kong: The crest of the waiver?
Justin D'Agostino Herbert Smith FreehillsLast month’s judgment of the Hong Kong Court of Appeal (“CA“) in Gao Haiyan and Xie Heping v. Keeneye Holdings and another CACV 79/2011, is the latest in a long...
View ArticleHKIAC Administered Arbitration: New Rules for the New Lunar Year
Justin D'Agostino Herbert Smith FreehillsThe HKIAC has launched a consultation process to consider modifications to its Administered Arbitration Rules, which came into force on 1 September 2008 (the...
View ArticleThat Escalated Quickly: Hong Kong Court Orders Stay When Plaintiffs Skip...
Justin D'Agostino, Briana Young and Louis Thivierge Herbert Smith FreehillsIn William Lim and Another v. Hung Ka Hai Clement and Others [2016] HKCFI 1439; HCA 1282/2016 (24 August 2016), the Hong Kong...
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