Interim measures

Arbitral seat, Asia-Pacific, China, Hong Kong, Interim measures, interim relief, Singapore, South Korea

(Kim & Chang) and / /1 Comment

Introduction On 2 April 2019, the Supreme People’s Court and the Government of the Hong Kong Special Administrative Region announced the signature of the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region” (“Arrangement”). This announcement as…

China, HKIAC, Interim measures

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In a significant development for the region, Mainland China and Hong Kong have announced a bilateral arrangement by which the Chinese courts will now recognise and enforce interim measures in support of institutional arbitration seated in Hong Kong (the “Arrangement”).1) Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the…

Arbitration Act, Interim measures, South Africa, Third Party, UNCITRAL Model Law

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Herbert Smith Freehills

In December 2017 South Africa brought into law its first piece of legislation dedicated to international arbitration, the aptly named International Arbitration Act of 2017 (the New Act).   The New Act The New Act incorporates the provisions of the UNCITRAL Model Law and further aligns the country’s national law with the New York Convention….

Confidentiality, Enforcement, Interim measures, Jurisdiction, UAE, UAE Federal Arbitration Law, UNCITRAL Model Law, United Arab Emirates

(Al Tamimi & Company)/ /2 Comments

Arbitration in the UAE is governed by the Federal Arbitration Law No. 6 of 2018 (“UAE Arbitration Law”). The UAE Arbitration Law, which entered into force in June 2018, repealed Articles 203 to 218 of the UAE Civil Procedures Law No. 11 of 1992 (“CPC”), which previously governed arbitration in the UAE. Unlike the former…

China, CIETAC, Courts, Enforcement, Interim measures

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The Inauguration On 2 July 2018, CIETAC established its second arbitration centre outside mainland China – the North America Arbitration Center in Vancouver, Canada. Co-organised by CIETAC and the Vancouver Economic Commission, the inauguration ceremony was graced by the presence of the Honourable Bruce Ralston, Minister of Jobs, Trade and Technology of the Government of…

Enforcement of an arbitration clause, Interim measures, interim relief, Ukraine

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On 15 December 2017, the renewed Supreme Court was launched in Ukraine, which triggered the entry into force of the new amendments of, inter alia, Civil and Commercial Procedure Codes. Within this broader judicial reform, a number of long-awaited changes in legal framework for international commercial arbitration have been brought forward, including the following: reducing…

Chile, Interim measures, National Courts, Seat of the arbitration

(Morales & Besa) and (University of Heidelberg)/ /Leave a comment

Throughout the years, Chilean courts and legislation have fostered a pro-arbitration and a pro-enforcement environment, favoring arbitration and recognizing the benefits that are generally attached to it. In such regard, the Civil Procedure Code, the Code on the Organization of Tribunals, the New York Convention on the Recognition and Enforcement of Arbitral Awards and Law…

Awards, China, Courts, HKIAC, Interim measures, Uncategorized

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HK45

Under the current Chinese legal framework, while PRC Courts are granted exclusive power to grant interim relief measures in support of arbitration 1) Chinese courts are granted the exclusive power to grant interim relief measures pursuant to the following provisions under PRC law: Article 28 of the PRC Arbitration Law (hereinafter “Arbitration Law”) provides that:…

Courts, Hungary, Interim measures, Interim Orders, interim relief

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Schoenherr

The Hungarian Parliament recently passed new legislation on arbitration (Act LX of 2017 on Arbitration, the “2017 Act”) that will reform Hungarian arbitration law as of 1 January 2018. The 2017 Act, considering both the shortcomings of the current Hungarian legislation (Act LXXI of 1994 on Arbitration, the “1994 Act”) and the amendment of the…

Arbitration, Enforcement, Interim Award, Interim measures, Interim Orders, interim relief

, (Linklaters)/ /1 Comment
Linklaters

So called “emergency arbitration” is raising considerable interest among international arbitration practitioners, as the importance of this tool aimed at protecting the parties’ rights either during the period between the filing of an arbitration request and the constitution of the arbitral tribunal or in the course of the proceedings, before the award is rendered, is…

Emergency Arbitrator, India, Interim measures

(Twenty Essex) and (Shardul Amarchand Mangaldas)/ /6 Comments
YSIAC

The ability of a party to obtain urgent interim relief is central to the efficacy of any method of dispute resolution. In case of disputes that are subject to an arbitration agreement, until recently parties had only two options: either approach national courts for interim relief in support of the arbitration, or wait for the…

Injunction, Interim measures, Parallel Proceedings

, (Hannes Snellman)/ /3 Comments
Finland Arbitration Institute (FAI)

One of the topics discussed by the panels at last week’s 20th Annual IBA Arbitration Day was parallel proceedings. We heard well-prepared and interesting presentations on many aspects of parallel proceedings such as confidentiality and the taking of evidence. As we all know, such parallel proceedings often also take the form of court proceedings initiated…

HKIAC Rules, ICC Arbitration, ICDR, ICSID Arbitration, Interim measures, interim relief, International arbitration, LCIA Rules, SCC Rules, SIAC, UNCITRAL Arbitration Rules, UNCITRAL Model Law

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Institute for Transnational Arbitration (ITA)

“When Justice Delayed Would be Justice Denied: Emergency Arbitrators and Interim Measures in International Arbitration” was the subject of the 28th Annual Workshop of the Institute for Transnational Arbitration (ITA), which took place on 16 June 2016 in Dallas, Texas. Under the leadership of ITA’s Chair, Abby Cohen Smutny (White & Case), and the conference…

English Arbitration Act, Interim measures, LCIA Rules, Order of the Arbitral Tribunal, State Immunity

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Clyde & Co.

An arbitration can be severely disrupted by a party who refuses to comply with an order or direction of its tribunal. In such circumstances, a peremptory order may be used to force the non-compliant party to comply with the earlier order or direction within a specific timeframe. An arbitral tribunal’s peremptory order was recently enforced…

Arbitration, BIT, Conference, Energy, Interim measures

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Institute for Transnational Arbitration (ITA)

The 3rd Annual Joint Conference on International Energy Arbitration, co-hosted by the Institute for Transnational Arbitration (ITA), the Institute for Energy Law (IEL), and the International Court of Arbitration of the International Chamber of Commerce (ICC), took place on January 14-15, 2016, in Houston, Texas. Under the guidance of conference co-chairs C. Mark Baker (Norton…

Applicable Law, Appointment of arbitrators, Arbitrability, Arbitration, Interim measures

(University of Aberdeen)/ /Leave a comment

The Report of the International Finance Corporation [IFC] “Investing Across Borders” for the year 2010 outlined that a stable, predictable arbitration regime, as a part of broader framework for the rule of law, is one of the factors that drive foreign investment and it should be country’s top priority. Despite the fact that reforming an…