A. LEGISLATION AND RULES A.1 Legislation International arbitration continues to be governed by the International Arbitration Act (IAA), the Arbitration Act (AA) and the Arbitration (International Investment Disputes) Act. There have been no legislative amendments in the past year. A.2 Institutions, rules and infrastructure The main arbitral institution in Singapore is the Singapore International Arbitration Center (SIAC). The SIAC’s new 7th Edition of its Rules came into force on 1 January 2025 (“SIAC Rules 2025”).…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Japan continues to be governed by the Arbitration Act…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Thailand continues to be governed by the Arbitration Act,…
Introduction It is a well-established principle in Hong Kong that foreign proceedings instituted in breach of an arbitration agreement will ordinarily be restrained by the grant of an injunction, unless there are strong reasons shown to the contrary. What constitutes strong reasons depends on all the facts and circumstances of the particular case. In Bank A v Bank B [2024] HKCFI 2529, the Hong Kong Court of First Instance (CFI) considered an application for an…
Introduction In recent years, the world has witnessed an explosive growth in the popularity and value of virtual…
The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether…
The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards, but they will refuse enforcement in appropriate circumstances. In the case of A v R1 and Another [2024] HKCFI 1511, the Court of First Instance (CFI) refused to enforce two related Mainland awards because various failings in the first arbitration seriously affected the structural integrity of the arbitral process and undermined due process, and the basic notions…
Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the…
A unanimous award (worth around USD 960 million) issued in favor of a construction consortium by a three-member…
Multi-party and multi-contract scenarios are commonplace in international arbitration. Many arbitration rules offer regimes seeking to tackle problems that may arise in such complex scenarios. An example is the regime under Article 29 of the 2018 HKIAC Rules. It allows a claimant to commence a single arbitration under multiple contracts where (i) a common question of law or fact arises under each arbitration agreement giving rise to the arbitration, (ii) the rights to relief claimed…