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…

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…

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…