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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…

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…

Introduction In recent years, the world has witnessed an explosive growth in the popularity and value of virtual assets. This “digital gold rush” has been largely driven by the rise of cryptocurrencies and non-fungible tokens (NFTs). The unique nature of these digital assets, authenticated by blockchain technology, has attracted significant investment, transforming the way value and ownership is perceived. The terms virtual assets (VAs) and crypto-assets are often used interchangeably to describe digital assets that…

Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the decision is subject to review by the supervisory court, the available recourse against it, and its enforceability. As there is no universally accepted definition of “award”, its meaning depends on the jurisdiction in question. The Court of First Instance considered in two recent cases whether the arbitrator’s decision amounted to an award: Both cases concerned interim measures…