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Effective 16 December 2022, lawyers in Hong Kong are permitted to fund clients for whom they act in an arbitration by entering into outcome-related fee structures (ORFS), such as conditional and contingency fee arrangements. The new regime answers an increasing client demand for more flexible fee arrangements and is an important step for maintaining and promoting Hong Kong’s competitiveness with other major arbitral seats where similar fee arrangements are allowed. The new regime The new…

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key developments in arbitration from the last year in 46 jurisdictions, including: New arbitral rules from major institutions such as including ACICA, AFSA, AIAC, ICSID, JAMS, JCAA, SWISS, and UNCITRAL.The increasing use of artificial intelligence and technology in arbitration, such as electronic filing and case management platforms, as well as virtual/hybrid…

The Court of Appeal in CAJ v. CAI [2021] SGCA 102 has upheld an earlier High Court decision to set aside part of an arbitral award, in circumstances where the party was deprived of its fundamental right to be heard – i.e., the right to present its case, and the right to respond to the case against it. While cases of arbitral awards being set aside are uncommon, this case shows that the Singapore courts…

A. LEGISLATION AND RULES A.1       Legislation The Indian Arbitration and Conciliation Act, 1996 (“Act”) is the primary legislation governing arbitration in India. The Act has undergone a series of amendments focused on improving the ecosystem for commercial arbitration in India and developing an institutional arbitration program that can benefit both domestic and international market participants. On 4 November 2020, the President of India promulgated the Arbitration and Conciliation (Amendment) Ordinance, 2020 (“Ordinance”). Subsequently, on 11 March 2021,…