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…
On 1 January 2018, new provisions in the Arbitration Ordinance have come into force to confirm that all…
The Hong Kong courts have the power to grant interim relief in Hong Kong in aid of arbitral…
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…
On 9 December 2016, the Nanjing Intermediate People’s Court (“Jiangsu Court”) handed down a decision recognizing and enforcing…
Hong Kong courts have a discretion to enforce foreign awards under the New York Convention (“NYC”) even though…
Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration Ordinance (Cap. 609) (“AO”) to expressly permit third party funding (“TPF”) for arbitrations and other proceedings under the AO, provided that appropriate financial and ethical safeguards are put in place. The Report sets out the LRC’s final recommendations on TPF and related matters, including draft provisions to amend the AO.…
Australian courts will not lightly set aside arbitral awards, including on public policy grounds. The recent case of…
In a recent PRC case (the “Taizhou Court Case”), the Taizhou Intermediate People’s Court (“Court”) refused enforcement of…
Editor’s note: This article was first published in October 2015. Since then, the consultation period during which comments could be submitted to the Sub‑committee was extended to 1 February 2016. The Sub-committee has not yet published its final recommendations. It is expected that it will do so soon and that draft legislation will be submitted to Hong Kong’s Legislative Council any time after the Legislative Council election on 4 September 2016. Recent developments The Law…