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In Asia-Pacific

Landmark arrangement on interim relief protection in China for Hong Kong arbitrations to take effect on 1 October 2019

by 4 Mins Read

On 1 October 2019, the landmark arrangement between the Hong Kong Government and China’s Supreme People’s Court on interim measures in aid of arbitrations (“Arrangement”) will enter into operation.[1] The Arrangement allows parties to Hong Kong seated arbitrations administered by HKIAC, CIETAC (Hong Kong), ICC (Asia Office) or certain other eligible arbitral bodies to obtain an interim measure from the Chinese Courts that will be enforceable in Mainland China. The Arrangement has significant implications for…

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In Asia-Pacific

Arbitration in Hong Kong – third party funding takes effect

by 4 Mins Read

The Hong Kong Government has just announced that the provisions permitting third party funding in arbitrations will operate from February 1, 2019. It has also published a Code of Practice for Third Party Funding of Arbitration, issued under the Arbitration Ordinance (Cap. 609). What this means Hong Kong is an “arbitration-friendly” jurisdiction and the courts strongly support the independence and enforceability of arbitral awards. As a result, Hong Kong is one of the key and…

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In Asia-Pacific

Hong Kong Court of Final Appeal clarifies principles applicable where a party seeks to resist enforcement of an award under the New York Convention out of time

by 9 Mins Read

This article discusses the decision of the Hong Kong Court of Final Appeal (“CFA”) in Astro v First Media.[1] The CFA has allowed First Media to resist enforcement of awards under the New York Convention out of time. The CFA’s decision is important because it clarifies the applicable principles when considering whether time should be extended where an award debtor seeks to resist enforcement after the prescribed time limit has expired. In this case, First…

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In China

Hong Kong Court Grants Receivership Order in Aid of a PRC-Seated CIETAC Arbitration

by and 5 Mins Read

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets and evidence held in Hong Kong (usually by the respondent company). Such interim measures are helpful because many companies (including PRC companies) often do have assets in Hong Kong. These interim orders can cover relief which may not otherwise be available from the arbitral tribunal or the courts in the foreign…

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