Arbitration

FactsD invested in P1 by subscribing for preferred shares, upon the terms set out in a share purchase agreement executed in 2017 (the 2017 SPA). All ten plaintiffs (P1-10, collectively "Ps"), who...
IntroductionBaseball or Final-offer ArbitrationThe landscape of commercial dispute resolution is, and ought to be, one of constant evolution. Parties and their legal advisors are rightly engaged in a...
In P1 and P2 v D [2024] HKCFI 3052, the Court of First Instance ordered security for costs against the plaintiffs who had applied to set aside an arbitral award. The Court further ordered that the...
Mainland China is progressively aligning its arbitration practices with international norms, notably through the introduction of ad hoc arbitration.Traditionally, Mainland China has favoured...
International commercial and financial transactions are becoming increasingly complex with the formation of series of inter-related contracts. Regrettably, parties often attach little importance and...
IntroductionIn this case, the Court confirmed its jurisdiction to order security for costs against the plaintiffs (award debtors) who applied to set aside an arbitral award under Order 23 of the...
The interplay between arbitration clauses, exclusive jurisdiction clauses favouring foreign courts, and insolvency proceedings has been a contentious issue in common law jurisdictions,...
In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16, the Privy Council made a U-turn on the interplay between arbitration and insolvency by re-affirming the "Traditional Approach"...
Experienced arbitrators and arbitration practitioners, based in any jurisdiction, need to be mindful of the intricacies of the processes for challenging an Award. In a recent decision by the Court of...
The Hong Kong International Arbitration Centre (HKIAC) has recently updated its Administered Arbitration Rules (the "2024 Rules"), which came into effect on 1 June 2024. The 2024 Rules introduce...
SummaryIn CNG v G & Anor [2024] HKCFI 575, the judge in charge of the "Construction and Arbitration List" ("the court") dismissed an application to set aside a partial arbitral award ("the award...
Promoting diversity in international arbitration to enhance the quality, legitimacy and relevancy of the arbitral process and arbitral awards is a key focus of the international arbitration community...
Update So far Song v Lee has been the type of case that keeps on giving to the development of the common law in Hong Kong. In the most recent instalment ([2023] HKCFI 2959), the...
Facts G and P entered into a Loan Agreement and a Supplemental Loan Agreement, where it was stated in the latter that in the event of any discrepancy or inconsistency between the terms of the two...
Summary In Song v Lee [2023] HKCFI 2540, the Court of First Instance of the High Court refused to grant permission for the applicant to enforce an arbitral award made by a tribunal in an...
Kompetenz-kompetenz, or compétence-compétence, is a jurisprudential doctrine whereby a legal body, such as a arbitral tribunal, may have competence, or jurisdiction, to...
Summary In Song v Lee [2023] HKCFI 1954, the Court of First Instance of the High Court held that arbitrators should be entitled to the same immunity available to judges in respect of their...
Introduction In arbitration agreements, parties often envisage that in the event a dispute arises between them, it is desirable for them to try consider whether they can settle it by themselves,...
Facts The plaintiff (CMB) entered into a co-investment agreement (the Agreement) with the first and second defendants (respectively Fund and Cattle), which provided for all disputes between the...
Nowadays arbitration is commonly chosen between contractual parties in anticipation of disputes for its greater flexibility and confidentiality. Award obtained under arbitration is binding and...