Introduction Hong Kong’s Arbitration Ordinance (Cap. 609) (“AO”) has adopted Articles 17-17H of the UNCITRAL Model Law on interim measures and preliminary orders.[1] However,…
Introduction It is a well-established principle in Hong Kong that foreign proceedings instituted in breach of an arbitration agreement will ordinarily be restrained by…
The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether an arbitrator’s order amounted to an…
The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards, but they will refuse enforcement in…
Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the decision is subject to review by…
Multi-party and multi-contract scenarios are commonplace in international arbitration. Many arbitration rules offer regimes seeking to tackle problems that may arise in such complex…
On 1 June 2024, the 2024 Administered Arbitration Rules of the Hong Kong International Arbitration Centre will come into effect. The 2024 Rules can…
In recent years, the Hong Kong courts repeatedly considered the approach the court should adopt in proceedings where a creditor petitions to wind up…
Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the Court of First Instance dismissed an…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong adopts restrictive state immunity doctrine State immunity is a fundamental rule of customary international law,…