Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment for arbitration guerrillas was swiftly laid down in another pro-arbitration decision by Mimmie Chan J (the Judge in charge of the Construction and Arbitration List of the High Court) in Chimbuso International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited (“Chimbuso”). In Chimbuso, the plaintiff commenced proceedings against the defendant in the Hong Kong Court of…
In the Hong Kong Court of First Instance case of KB v S (HCCT 13/2015), Justice Mimmie Chan,…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere.…
In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court of Appeal held that it is constitutional to exclude the Court of Appeal from deciding whether to give permission to a losing party to appeal a decision of the Court of First Instance concerning its failed application to set aside an arbitral award. The implications behind this case is that only the Court of First Instance judge…
Recent developments China’s Supreme People’s Court (“SPC”) has clarified the jurisdiction of China International Economic and Trade Arbitration…
Parties who want to opt for institutional arbitration (instead of ad-hoc arbitration) can choose amongst a long list…
A v B Facts A (a PRC company) entered into a Development and Sales Agreement (“Agreement”) with B (a Cayman Islands company) for the joint development and sale of security solutions for various goods (the “ Products”). Under the Agreement, B was to pay the fees for the development of security products developed by A and purchase the Products. B complained about A’s poor performance and sought to recover the money paid to develop and…
Note: The following article published by our Hong Kong Dispute Resolution Group discusses an important development in relation…
TRADITIONAL ARBITRATION INSTITUTIONS IN TIMES OF ANTI-RUSSIAN SANCTIONS There has been discussion in recent months about a potential…
Is Hong Kong Service Always Better: Hong Kong Refuses Enforcement of Mainland Award On 24 April 2015, the Hong Kong Court of First Instance refused enforcement of a Mainland Award because the award debtor did not have proper notice of the arbitral proceedings and was therefore unable to present her case. These findings were made notwithstanding the fact that the award debtor was deemed properly served under the applicable arbitral rules. BACKGROUND FACTS In 樓外樓房地產咨詢有限公司v…