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In Asia-Pacific

Hong Kong and Mainland China enhance law on mutual enforcement of arbitral awards

by and 5 Mins Read

Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by a separate Arrangement, which has successfully provided an effective mechanism of enforcing awards between these two jurisdictions. On 27 November 2020, a Supplemental Arrangement was signed, amending four aspects of the original Arrangement to bring it further in line with current practice in international arbitration. Some amendments became effective immediately, while others will become effective on 19…

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In Asia-Pacific

Hong Kong Court provides guidance on principles applicable to the correction of an arbitral award and issuance of an additional award

by and 10 Mins Read

1. Introduction[1] Once an arbitral award is issued, it becomes final and binding. However, the award may contain an error. For example, it may order payment of an incorrect sum or it may have entirely omitted a specific relief sought by a party. Unless the applicable law provides for corrective measures and a party undertakes them in a timely manner, the parties will be bound by the award, even if it contains such errors. Under…

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In Asia-Pacific

From litigation to arbitration – options for parties facing long trial waiting times in Hong Kong

by , and 5 Mins Read

Parties to commercial litigation in the Hong Kong Court of First Instance (CFI) have been facing prolonged waiting times for their trials. The situation was exacerbated as a consequence of the “General Adjournment Period” (GAP) from 29 January to 3 May 2020, during which the CFI was closed for ordinary court business due to COVID-19. The GAP and a continuing impact of COVID-19 may mean increased trial waiting times as courts try to clear their…

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In Asia-Pacific

Hong Kong Court grants anti-suit injunction against third party

by 9 Mins Read

In circumstances where a non-party to a contract becomes entitled to enforce a right under that contract (for example, a company may be a beneficiary under a settlement agreement entered into between its affiliate and a counterparty), a question arises as to how and where the non-party can enforce its right. If a contract contains an arbitration clause, the Hong Kong courts can grant an order restraining a party to the contract from pursuing foreign…

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