The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards, but they will refuse enforcement in appropriate circumstances. In the case of A v R1 and Another [2024] HKCFI 1511, the Court of First Instance (CFI) refused to enforce two related Mainland awards because various failings in the first arbitration seriously affected the structural integrity of the arbitral process and undermined due process, and the basic notions…
Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the…
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 into effect. The 2024 Rules can be accessed here. The 2024 Rules maintain HKIAC’s “light touch” approach to case administration, which respects party autonomy and has been a fundamental feature of HKIAC administered arbitrations. This means that parties who have adopted arbitration under the HKIAC Administered Arbitration Rules in force when the arbitration commences can rest assured…
In recent years, the Hong Kong courts repeatedly considered the approach the court should adopt in proceedings where…
Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the…
In G v N [2023] HKCFI 3366, an arbitrator decided on illegality under Hong Kong law applying the wrong test. G sought to set aside the awards, among others, on the ground that they are in conflict with Hong Kong public policy on illegality, alternatively for the matter to be remitted to the arbitrator to give him an opportunity to eliminate the setting aside grounds. The Court found that the awards were in conflict with…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong adopts restrictive state immunity doctrine State immunity is a…
Effective 16 December 2022, lawyers in Hong Kong are permitted to fund clients for whom they act in…
A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong expands financing options for arbitration parties Third-party funding is an arrangement by which the funder receives a financial benefit only if the funded party is successful in the proceedings. It is contingent — the funder takes a risk that the claim will not succeed, while the funded party has a reduced financial risk. Third-party funding for arbitrations, arbitration-related court proceedings and mediations has been permitted in Hong Kong…