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147 Results

International Arbitration
Insights
Sep 27, 2024

Smart contracts and the use of arbitration to resolve related disputes

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are…
Insights
Sep 24, 2024

HK Court rejects “Arbitral Confidentiality” Argument in Parallel Court and Arbitration Proceedings

In Beijing Songxianghu Architectural Decoration Engineering Co., Ltd v Kitty Kam [2024] HKCFI 1657 (date of reasons for decision: 19 June 2024), the Hong Kong Court of First Instance (“the Court”)…
Insights
Sep 02, 2024

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements

In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC…
Insights
Aug 22, 2024

HK Court of Appeal set aside arbitral award for the absence of underlying disputes

In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of…
Insights
Jul 24, 2024

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the…
Insights
Jul 23, 2024

HKIAC releases updated 2024 administered arbitration rules

On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into…
Insights
Jul 10, 2024

HK Court overrules arbitrator’s decision in jurisdictional challenge

In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where…
Insights
Jul 08, 2024

HK Court dismissed application to set aside arbitration award

In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an…
Insights
Jul 02, 2024

Foreign illegality in fraud proceeds arising from underground currency exchange arrangements

This note considers the current state of the law in Hong Kong with respect to foreign illegality and whether it can set aside defences of bona fide purchaser for value without notice or change of…
Insights
Jul 02, 2024

HK High Court refuses leave to appeal against interim measures

In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on…
Insights
Jun 28, 2024

HK court clarified and confirmed that orders for interim measures cannot be challenged using the grounds for setting aside final awards

In G v N [2024] HKCFI 721 (judgment date: 11 March 2024), a Hong Kong court dismissed an application to set aside the enforcement of an interim order which an arbitrator had made requiring a party to…
Insights
Jun 26, 2024

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party…
Insights
Jun 25, 2024

HK court considered the proper scope of the court’s intervention against an arbitral tribunal’s ruling regarding public policy

In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on…
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