Introduction In recent years, the world has witnessed an explosive growth in the popularity and value of virtual assets. This “digital gold rush” has…
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…
In G v N [2023] HKCFI 3366, an arbitrator decided on illegality under Hong Kong law applying the wrong test. G sought to set…
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,…