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 a plaintiff brings a court action which is the subject of an arbitration agreement, the court must refer the parties to arbitration, if a party so requests, unless the court finds that the agreement is null and void, inoperative or incapable of being performed. An applicant seeking a stay under section…
Giving due and fair notice of arbitral proceedings is critical when commencing an arbitration, as a failure to…
Effective from 1 March 2025, the Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong…
The Singapore International Arbitration Centre (“SIAC”) has announced the release of the 7th Edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules 2025”) which has come into force on 1 January 2025. The SIAC Rules 2025 will apply to arbitrations commenced from 1 January 2025 onwards, where the arbitration agreement provides that the arbitration will be conducted pursuant to the rules of the SIAC for the time being in force, even…
Introduction Hong Kong’s Arbitration Ordinance (Cap. 609) (“AO”) has adopted Articles 17-17H of the UNCITRAL Model Law on…
A. LEGISLATION AND RULES A.1 Legislation Enacted in 2004, Republic Act No. (RA) 9285, or the Alternative Dispute…
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 have been no legislative amendments. A.2 Institutions, rules and infrastructure A.2.1 The 2024 HKIAC administered arbitration rules On 1 June 2024, HKIAC introduced a new version of its Administered Arbitration Rules. The 2024 Rules continue HKIAC’s “light touch” approach, respecting party autonomy, a key feature of HKIAC administered arbitrations. The changes…
A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be governed mainly by Civil Procedure…
A. LEGISLATION AND RULES A.1 Legislation The Indian Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is the…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Malaysia continues to be governed by the Arbitration Act 2005 (“AA 2005”). This act was amended by the Arbitration (Amendment) Act 2024 (“2024 Act”) which was gazetted on 1 November 2024 and passed as law. However, the amendments are not yet in force, as this date is to be appointed by the minister. That being said, here are the 10 key changes that were introduced in…