Hong Kong

Arbitral Tribunal, Arbitrators, Crypto, Cryptocurrency, Data Protection, English courts, English Law, Fraud, Hong Kong, LIDW 2025, Technology

(Herbert Smith Freehills Kramer)/ /Leave a comment

As part of the 2025 edition of the London International Disputes Week (“LIDW”), Osborne Partners, A&O Shearman and Eversheds Sutherland hosted a panel on “Arbitration in Emerging Industries (Tech, Fintech and Crypto): Global Risks and Local Differences”. The panel, moderated by Jonathan Leach (Eversheds Sutherland), comprised Brenda Horrigan (Independent Arbitrator), Sanjeev Kapoor (Khaitan & Co),…

2024 in Review, Azerbaijan, China, Hong Kong, Japan, Korea, Uzbekistan

(Skadden, Arps, Slate, Meagher & Flom LLP), , , and (Lee & Ko)/ /Leave a comment

This past year brought significant developments in international arbitration across East and Central Asia, shaping the region’s dispute resolution landscape. China’s latest draft amendment to its Arbitration Law introduced key reforms but was seen by many as representing a conservative shift from earlier proposals. Japan and Azerbaijan modernized their national arbitration laws to align with…

China, HK Arbitration Week, HKIAC, Hong Kong, Uncategorized

(King & Wood Mallesons)/ /Leave a comment

On the third day of Hong Kong Arbitration Week, the ADR in Asia Conference took place, featuring a morning panel on China’s Inbound and Outbound Investment: Impact on Disputes. Panelists provided regional insights into the evolving landscape of international investment disputes. The panelists shared their regional perspectives on the evolving landscape of international investment. Meg…

Case Management, China, HK Arbitration Week, HKIAC, Hong Kong

(Skadden, Arps, Slate, Meagher & Flom LLP)/ /Leave a comment

This February, Ms. Joanne Lau assumed the position of the Hong Kong International Arbitration Centre (“HKIAC”) Secretary-General, succeeding Dr. Mariel Dimsey. Prior to this, Joanne spent more than a decade practicing at an international law firm, building and managing a successful international arbitration practice as part of its leadership team. Joanne brings to HKIAC a…

Hong Kong, Insolvency, Singapore, UK

(University of Hong Kong)/ /Leave a comment

The impact of arbitration clauses on winding-up proceedings (i.e., if both are present, when and how can the former get prioritized over the latter) has long been an issue with diversified practices throughout various jurisdictions. With the judgment by the Hong Kong Court of Appeal (“HKCA”) in Re Simplicity & Vogue Retailing (HK) Co Limited…

Appeal, Arbitral seat, Hong Kong, Interim measures, Jurisdiction, Singapore

, (Allen & Overy LLP)/ /Leave a comment

Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally.1)See for instance the 2021 and 2018 Queen Mary University London International Arbitration Surveys. Hong Kong and Singapore rank top three as the most preferred seats in the 2021 survey, and top three in the 2018 survey. These…

Enforcement, Hong Kong, Russia, Sanctions

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In a world where present geopolitical tensions continue to worsen and the current global order continues to show signs of disintegration, sanctions have emerged as a key strategic tool to pressure third countries to comply with their international law obligations and further prevent additional violations of international agreements. With this comes disputes in a myriad…

Arbitration, Asia, China, Enforcement, Hong Kong, India, Japan, Singapore, Third party funding, UK, Vietnam

(European Chinese Arbitrators Association & Fieldfisher)/ /Leave a comment

On 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European Arbitration Centre (ASEAC), to discuss whether we are currently experiencing “A New Dawn of Arbitration in Asia”. Professor Sundra Rajoo, Director of the Asian International Arbitration Centre,…

Arbitration clause, Arbitration institution, China, Chinese Arbitration Law, Contract Interpretation, Hong Kong, Singapore

(Family Dispute Resolution Centre (Te Pokapū Whakatau Tautohe ā Whānau))/ /Leave a comment

In January 2023, the Hong Kong Court of First Instance in Grand Ocean & Williams Co Limited v. Huaxicun Offshore Engineering Co Ltd (江苏华西村海洋工程服务有限公司) [2023] HKCFI 86 (“Grand Ocean”) held that an arbitration clause, governed by the laws of the People’s Republic of China (“PRC”), was void and incapable of being performed on the basis…

2023 in Review, Arbitration Act, Cryptocurrency, Expropriation, HK Arbitration Week, Hong Kong, Intellectual Property, Interim measures, ISDS, Japan, Korea, Kyrgyzstan, PRC, Renewable energy, Sovereign Immunity, Tajikistan, Technology, Third party funding, Turkmenistan, Uzbekistan

, and (Williams & Connolly LLP)/ /Leave a comment

Introduction East and Central Asia sees further efforts to promote arbitration through legislative and regulatory developments. Domestic courts clarified issues fundamental to arbitration and the judicial enforcement of arbitral awards. Domestic legislative and judicial bodies and arbitral institutions continue to grapple with recent trends and come up with innovative solutions that reflect the unique experience…

Arbitration clause, Hong Kong, Pre-arbitral procedure, Vietnam

(ACSV Legal)/ /Leave a comment

Jan Paulsson once said, “There is a twilight zone. But only a fool would argue that the existence of the twilight zone is proof that day and night do not exist.”1)Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Here, the term…

Artificial Intelligence, Contract Drafting, Corporate disputes, HK Arbitration Week, HKIAC, Hong Kong, Private Equity

, (Davis Polk & Wardwell, Hong Kong Solicitors)/ /Leave a comment

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and…

Fee Agreeements, HK Arbitration Week, HKIAC, Hong Kong, outcome related fee structures, Third party funding

, (Freshfields Bruckhaus Deringer)/ /Leave a comment
HK45

On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the Hong Kong Outcome Related Fee Structures for Arbitration (“ORFSA”) regime. The panel followed on from last year’s panel introducing ORFSA and explored updates to the…

ADR, Artificial Intelligence, HK Arbitration Week, HKIAC, Hong Kong

(ICC)/ /Leave a comment

On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “Challenges of the 21st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.” The event explored the appropriate techniques…

HK Arbitration Week, HKIAC, Hong Kong, Interim measures, Multi-tiered clauses, outcome related fee structures

(Hong Kong International Arbitration Centre)/ /Leave a comment

For the sixth year, our Blog is providing live coverage of Hong Kong Arbitration Week. We are privileged to kick off with a contribution from Dr. Ling Yang, Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office.   Over the years, dispute resolution (especially, arbitration) in Hong Kong has witnessed great openness, professionalism,…

HKIAC, HKIAC Rules, Hong Kong, International Law Talk, Podcast

(Australian National University)/ /Leave a comment

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode,…

HKIAC, HKIAC Rules, Hong Kong, Interim measures, Paris Arbitration Week

, (Laborde Law) and (Africa Global Logistics)/ /Leave a comment

In 2022, Hong Kong International Arbitration Centre’s (HKIAC) arbitration caseload reached its highest level in over a decade. The statistics demonstrate the steady strength of Hong Kong (“HK”) as a seat for arbitration. As the global economy turns towards Asia, increased commercial and investment activity will lead to increased disputes and demand for effective dispute…

2022 in Review, Arbitration Act, HK Arbitration Week, Hong Kong, Interim measures, ISDS, Japan, Korea, Legislative amendment, Macau, New York Convention, PRC, Taiwan, Treaty, Turkmenistan, Uzbekistan

, , and (Williams & Connolly LLP)/ /Leave a comment

East and Central Asia made further strides to promote arbitration, including through legislative reforms and enhancement of judicial assistance, as well as the accession, ratification, and creation of treaties.  Some domestic courts clarified views on fundamental issues in arbitration.  On the user side, East and Central Asian parties continued to be active as both claimants…

Alternative fee arrangements, Conditional fee agreements, Costs in arbitral proceedings, Disclosure, Hong Kong, Singapore, Third party funding

(WongPartnership LLP)/ /Leave a comment

International arbitration is reputed for its flexibility shaped by the underlying principle of party autonomy. Past years have witnessed the development of various types of funding arrangements for arbitration users, including third-party funding (“TPF”) and, most recently, alternative fee arrangements with counsel (“AFAs”) in Singapore and Hong Kong. While these new initiatives undoubtedly increase flexibility…

Admissibility, Arbitration Award, Hong Kong, Jurisdiction, Jurisdiction of the arbitral tribunal

(University of Hong Kong)/ /Leave a comment
ArbitralWomen

The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and they have been covered extensively in academic scholarship. This post will discuss the distinctions drawn between admissibility and jurisdiction by the Court of Appeal in Hong Kong in C v D.1)[2022] HKCA 729;…

Bankruptcy, Bermuda, BVI, Cayman Islands, China, Claims Trading, Enforcement, HK Arbitration Week, Hong Kong, Insolvency, Singapore

(Allen & Overy) and (Allen & Overy LLP)/ /Leave a comment
HK45

Allen & Overy’s webinar on the second day of Hong Kong Arbitration Week 2022 brought together six practitioners from the fields of arbitration, insolvency and enforcement to discuss the key practical and strategic considerations when acting for and against parties in financial distress. Guided through a hypothetical case study involving jurisdictions such as Hong Kong,…

Case Management, China, Enforcement, HK Arbitration Week, HKIAC, Hong Kong, Interim measures, International Commercial Courts, Interviews with Our Editors

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This August, Dr. Mariel Dimsey assumed the position of HKIAC Secretary-General, succeeding Ms. Sarah Grimmer, who served in the position for six years. Mariel brings with her extensive, 15-years’ experience as counsel and arbitrator in international arbitration, spanning various jurisdictions and legal traditions. Mariel takes the helm during an exciting period at HKIAC and for…

Arbitrators, Hong Kong, ICCA, ICCA Edinburgh 2022, Investment Arbitration

(CMS) and (Law Society of Scotland)/ /2 Comments

After a gala evening at the National Museum of Scotland filled with Scottish gastronomy and ceilidh dancing, delegates returned to the conference centre for the last day of the ICCA Congress. Renaissance Arbitrator This panel asked: “what can lawyers and arbitrators learn from disciplines outside the law and arbitration?”. That question is particularly timely as…

Arbitration clause, China, Climate change, Corruption, Emergency Arbitrator, Hong Kong, Impecuniosity, India, Interim measures, Philippines, Transparency

, / /Leave a comment

At the recent hybrid 7th ICC Asia-Pacific Conference on International Arbitration (the “Conference”), a palpable sense of happiness and community resonated throughout the day.  Mr Justin D’Agostino (Global CEO, Herbert Smith Freehills, Hong Kong) moderated the first panel discussion in a quick fire manner on recent arbitration developments in the Asia-Pacific region with leading practitioners…