Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration Ordinance (Cap. 609) (“AO”) to expressly permit third party funding (“TPF”) for arbitrations and other proceedings under the AO, provided that appropriate financial and ethical safeguards are put in place. The Report sets out the LRC’s final recommendations on TPF and related matters, including draft provisions to amend the AO.…
In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of…
This article was first published in the China Business Law Journal, July / August 2016, Volume 7 |…
Get a quick comparison of commonly used arbitration rules in the ASEAN region in this Chart of Arbitral Institutions. We have refreshed our chart to include the new SIAC Rules 2016 (Singapore) and SHIAC 2016. Other arbitration rules that are analysed include the ICC Rules 2012, the KLRCA Rules (Malaysia), the VIAC rules 2012 (Vietnam), the BANI rules (Indonesia), the UNICITRAL Ad Hoc Rules 2013 and the PDRCI Rules 2015 (Philippines).
Since diplomatic relations with China began in 1992, Israeli-Sino trade volume has risen steadily, from US$50 million in…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This…
In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court of Appeal held that it is constitutional to exclude the Court of Appeal from deciding whether to give permission to a losing party to appeal a decision of the Court of First Instance concerning its failed application to set aside an arbitral award. The implications behind this case is that only the Court of First Instance judge…
Recent developments China’s Supreme People’s Court (“SPC”) has clarified the jurisdiction of China International Economic and Trade Arbitration…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the Hong Kong Court of First Instance refused enforcement of a Mainland Award because the award debtor did not have proper notice of the arbitral proceedings and was therefore unable to present her case. These findings were made notwithstanding the fact that the award debtor was deemed properly served under the applicable arbitral rules. BACKGROUND FACTS In 樓外樓房地產咨詢有限公司v…