Giving due and fair notice of arbitral proceedings is critical when commencing an arbitration, as a failure to do so can affect the validity and enforceability of any arbitral award. Under Article 34(2) of the UNCITRAL Model Law, adopted by section 81(1) of the Arbitration Ordinance (Cap. 609), the Hong Kong court may set aside an award if the applicant proves that it was not given “proper” notice of the proceedings or the appointment of…
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…
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, for recognition and enforcement of interim measures (Articles 17H and 17I) and court-ordered interim measures (Article 17J), the AO has adopted its own regimes tailored for Hong Kong.[2] For court-ordered interim measures, section 45 AO empowers the Court of First Instance (CFI) to grant interim measures for any arbitrations which have…
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…
A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be governed mainly by Civil Procedure Code No. 92/2015/QH13 (CPC), Law on Commercial Arbitration No. 54/2010/QH12 (LCA) and Resolution No. 01/2014/NQ-HDTP issued by the Supreme Court of Vietnam, which provides further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the UNCITRAL Model Law. However, there are some provisions that differ from the model law. These…
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…
A. LEGISLATION AND RULES A.1 Legislation International arbitration proceedings in Taiwan, including its definition, effect and recognition, continue to be governed by the Arbitration Law, to which there have been no legislative amendments in the last 12 months. A.2 Institutions, rules and infrastructure The Chinese Arbitration Association, Taipei (CAA), remains the leading arbitration institution in Taiwan. There has been no amendment to the CAA Arbitration Rules in the last 12 months. B. CASES B.1 Recognition…