Introduction It is a well-established principle in Hong Kong that foreign proceedings instituted in breach of an arbitration agreement will ordinarily be restrained by the grant of an injunction, unless there are strong reasons shown to the contrary. What constitutes strong reasons depends on all the facts and circumstances of the particular case. In Bank A v Bank B [2024] HKCFI 2529, the Hong Kong Court of First Instance (CFI) considered an application for an…
Introduction In recent years, the world has witnessed an explosive growth in the popularity and value of virtual…
The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether…
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…