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 award or interim order: see our blog post on the decisions in G v N and W v Contractor.[1] But questions for the CFI as to what constitutes an award continue. InL v R [2024] HKCFI 1611, the plaintiff (L) applied to the CFI to set aside a Settlement Agreement (SA)…
The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards,…
Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the…
A unanimous award (worth around USD 960 million) issued in favor of a construction consortium by a three-member Arbitral Tribunal sitting in New Delhi was set aside by the Supreme Court of India, after no less than 5 attempts to assail the award. The saga, which began before a Single Judge bench of the Delhi High Court in 2017, finally ended before the Supreme Court in April 2024, when it set aside the award in…
Multi-party and multi-contract scenarios are commonplace in international arbitration. Many arbitration rules offer regimes seeking to tackle problems…
On 1 June 2024, the 2024 Administered Arbitration Rules of the Hong Kong International Arbitration Centre will come…
In recent years, the Hong Kong courts repeatedly considered the approach the court should adopt in proceedings where a creditor petitions to wind up a debtor and the parties have agreed to refer disputes over or related to the petition debt to arbitration. Should the court stay or dismiss the petition pending arbitration of the dispute where the debtor disputes the debt, or raises a set-off defence, a counterclaim or crossclaim, which if successful would…
Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the…
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you…
On January 1, 2024, China International Economic and Trade Arbitration Commission’s (CIETAC) newly amended arbitration rules (the 2024 Rules) have taken effect. As compared with the previous version which had been implemented for more than 8 years (the 2015 Rules), the 2024 Rules have introduced a significant number of new rules. These revisions reflect the development of China’s arbitration practice in the past years, and feature CIEAC’s efforts in aligning with the international standards. 1.…