Parties entering into related contracts should carefully consider how future disputes ought to be resolved. This alert will look at a recent Hong Kong decision in Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin [2016] HKEC 532 (“Bluegold Case”) involving the construction of inconsistent dispute resolution clauses in related contracts. We will also discuss how to avoid jurisdictional disputes in this context, and associated cost and delay. The Bluegold Case The plaintiff, a BVI…
Perhaps the most high-profile case in the debate over investor-state arbitration in recent years has been the investment…
Parties who choose arbitration as an exclusive dispute resolution mechanism for their contracts usually agree that their disputes…
Recent Developments The Hong Kong International Arbitration Centre (“HKIAC”) and the ICC International Court of Arbitration (“ICC”), two of the world’s leading arbitral centres, have recently taken steps to address the problem of costs and delay in international arbitration. As outlined in the 2015 International Arbitration Survey on Improvements and Innovations in International Arbitration by Queen Mary University of London (“2015 Survey”), costs and delay were “ranked by respondents as amongst the worst characteristics of…
As we have previously reported on Global Arbitration News [here], arbitral tribunals most often start their decision-making process…
As we have outlined in an earlier post [here], arbitral tribunals – as a starting point – generally…
Effective from 1 January 2016, the International Court of Arbitration at the International Chamber of Commerce (“ICC”) has introduced two new and innovative policies in response to user demands for greater efficiency and transparency in arbitration. The ICC shall: publish the names and nationalities of arbitrators; andreduce arbitrators’ fees for unjustifiable delay in submitting draft awards, with corresponding power to increase arbitrators’ fees for efficient case management. Publication of arbitrators’ details The names of arbitrators…
The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel…
In Int’l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd., 2015 U.S. App. LEXIS 14773 (5th Cir.…
In Top Gains Minerals Macao Commercial Offshore Limited v TL Resources Pte Ltd (HCMP 1622/2015) (“Top Gains”), Mimmie Chan J once again showed the pro-arbitration attitude of the Hong Kong judiciary by continuing an injunction granted in support of a Singapore arbitration, even though the Singapore arbitration had no connection with Hong Kong. This case underscores one of the many under-stated advantages of international arbitration over court litigation:- arbitration users in countries that adopt the…