Arbitration

29Jun2020

HKIAC permitted to administer corporate disputes in Russia upon award of PAI status

As of 25 April 2019, the Hong Kong International Arbitration Centre (“HKIAC”) is the first foreign arbitral institution permitted by the Russian Ministry of Justice to function as a permanent arbitral institution (“PAI”) under Article 44(3) of the Federal Law No. 382-FZ dated 29 December…Read More

19May2020

Another obiter judgment, what is the status of the “Lasmos” approach now?

On 12 September 2019, we discussed the importance of the Court of Appeal’s judgment in But Ka Chon v Interactive Brokers LLC[1] (“But Ka Chon”). In But Ka Chon, the Court of Appeal made obiter observations moderating the Lasmos approach[2] in that a debtor would not be able to simply deny a…Read More

09Apr2020

Senior Arbitration / Construction Arbitration Lawyer (8-15 PQE)

Please note: This role has been filled. Tanner De Witt is looking for an experienced Arbitration Lawyer to assist in building and leading an Arbitration practice within its Hong Kong office. The firm has a critical mass of existing Arbitration work and attracts work through its…Read More

18Mar2020

Legal update: Reciprocal Enforcement of Arbitral Awards between Hong Kong and Mainland China

Pre-1997 Pre-1997, the mutual enforcement of arbitral awards between the Mainland and Hong Kong was carried out by way of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The convention ceased to apply once Hong Kong became a Special Administrative…Read More

12Sep2019

Legal update: Arbitration clauses and insolvency proceedings revisited

Introduction In a recent Court of Appeal judgment, But Ka Chon v Interactive Brokers LLC[1] (“But Ka Chon”), Tanner De Witt was successful in resisting an appeal by a debtor who had sought to set aside a statutory demand issued by a leading online trading…Read More

10Apr2019

Mark Side judges The Willem C. Vis East International Commercial Arbitration Moot 2019

Litigation and Dispute Resolution Head Mark Side was delighted to take part in judging this year’s Willem C. Vis East International Commercial Arbitration Moot. The competition was hosted by Vis East Moot Foundation Ltd, The Chartered Institute of Arbitrators (East Asia Branch) and City University of…Read More

28Jul2017

Asialaw: Third-party funding in arbitration now permitted in Hong Kong

Article from Karry Lai, Editor, Asialaw Like it or not, arbitration can be expensive. Third-party funding arrangements offer a possible solution. Hong Kong has just passed the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 on 14 June, allowing the method to gain…Read More

16Jun2016

Arbitration – domestic and international

The global interest in Asia and in particular inbound investment to China has led to a sustained increase in Hong Kong arbitration as a dispute resolution mechanism in commercial contract agreements. The absence of robust legal systems in some parts of Asia has meant that…Read More

10May2011

Legal update: Hong Kong’s New Arbitration Ordinance

Hong Kong has recently passed a new Arbitration Ordinance (Cap. 609). The New Arbitration Ordinance comes into effect on 1 June 2011, replacing the existing Arbitration Ordinance (Cap. 341). Arbitral proceedings and related Court proceedings started before the New Arbitration Ordinance comes into force will…Read More