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Arbitration
Hong Kong: Arbitration hub in the Greater Bay Area
Arbitration has become the leading process for resolving international business disputes in Hong Kong as the region sees an increasing number of matters involving the Guangdong-Hong Kong-Macau Greater Bay Area. This article originally appeared in DutchCham Magazine’s July 2020 issue. Hong Kong is widely recognised…Read More
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
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
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
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
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
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
Mainland Judgments (Reciprocal Enforcement) Ordinance
Background Previous situation Enforcement of foreign judgments in Hong Kong is ordinarily governed by the Foreign Judgments (Reciprocal Enforcement) Ordinance. Following the handover in 1997 however, China is no longer considered a foreign country by Hong Kong, therefore this ordinance is no longer applicable when…Read More
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
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
The IBA Guidelines on Conflicts of Interest in International Arbitration
In response to an ever-increasing number of challenges to arbitrators, the International Bar Association (IBA) assembled a working party to consider and draft Guidelines on Conflicts of Interest in International Arbitration (the Guidelines). The Guidelines were published on 22 May 2004 and were approved by…Read More
Summary of Key Changes in 2013 HKIAC Administered Arbitration Rules (effective from 1 November 2013)
This article summarises key changes which arbitration practitioners and clients should be aware of in the revised administered arbitration rules recently unveiled by the Hong Kong International Arbitration Centre (“HKIAC”). The revised rules (the “2013 HKIAC Rules”), finalised after a revision process and consultation period…Read More
