Introduction Article 8(1) of the UNCITRAL Model Law, adopted in Hong Kong under section 20(1) of the Arbitration Ordinance (Cap. 609), provides that where…
Giving due and fair notice of arbitral proceedings is critical when commencing an arbitration, as a failure to do so can affect the validity…
Effective from 1 March 2025, the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong has been regularised with refinements.…
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,…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Hong Kong continues to be governed by the Arbitration Ordinance (Cap 609), to which there…
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…
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…