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Proposed new Arbitration Ordinance and rules for HKIAC arbitration

Herbert Smith Freehills LLP
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Hong Kong
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February 27 2008

Plans are underway in Hong Kong to reform the Arbitration Ordinance and the HKIAC rules

Civil justice reforms to clarify the court's power to grant mareva relief in aid of a foreign arbitration

Herbert Smith Freehills LLP
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Hong Kong
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August 8 2007

The Civil Justice (Miscellaneous Amendments) Bill 2007 introduced in the Legislative Counsel in April, will, when passed, amend the Arbitration Ordinance (Cap. 341) to enable the Hong Kong courts to grant interim relief in relation to foreign arbitrations in circumstances where those proceedings are capable of giving rise to an arbitral award which may be enforced in Hong Kong

Court of first instance considers the scope of sovereign immunity and rules that an agreement to arbitrate does not amount to a waiver of immunity from enforcement

Herbert Smith Freehills LLP
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Hong Kong
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February 20 2009

The Hong Kong court considered the scope of the 'commercial transaction' exception to sovereign immunity, finding that payments to the Democratic Republic of Congo (DRC) in consideration for the grant of a licence to exploit the DRC's mineral rights were sovereign (as opposed to commercial) in nature and were therefore immune from execution (i.e. enforcement

Award partially set aside

Herbert Smith Freehills LLP
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Hong Kong
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June 3 2009

In the second recent Hong Kong decision on this topic, Lam J partially set aside an award rendered by a distinguished tribunal sitting in an international arbitration in Hong Kong

Unmeritorious attempt to resist enforcement penalised by indemnity costs order

Herbert Smith Freehills LLP
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Hong Kong
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June 3 2009

In the first of two recent decisions relating to the enforcement or challenge of arbitration awards (the second is discussed below), the Hong Kong High Court has cautioned parties against mounting unmeritorious challenges to arbitration awards

Enforcement of Hong Kong ad hoc arbitration awards

Herbert Smith Freehills LLP
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China, Hong Kong
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February 5 2008

As many readers will be aware, ad hoc arbitration is not permitted by mainland Chinese law

Extended period for consultation on new arbitration ordinance

Herbert Smith Freehills LLP
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Hong Kong
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May 9 2008

The Hong Kong Department of Judiciary has extended the consultation period on the new Arbitration Ordinance by two months until 30 June 2008

The benchmark for refusing enforcement on the basis of fraud

Herbert Smith Freehills LLP
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Hong Kong
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October 30 2007

In another instalment in the long-running Karaha Bodas v Pertamina arbitration, the Hong Kong Court of Appeal recently dismissed Pertamina's appeal against a first instance decision granting Karaha Bodas leave to enforce a final arbitration award made in Geneva in Hong Kong

Hong Kong Court of Appeal considers whether a contractual clause constitutes an agreement to arbitrate

Herbert Smith Freehills LLP
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Hong Kong
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February 14 2007

The case of PCCW Global Ltd (formerly Beyond the Network Ltd) v Interactive Communications Service Ltd (formerly Vectone Ltd) 2006 HKEC 2102, involved proceedings over alleged billing discrepancies in invoices in the sum of US$718,999.26 issued by Beyond the Network (Beyond) to Vectone for the provision of international telephone services

Supreme People's Court confirms enforceability of Hong Kong arbitration awards

Herbert Smith Freehills LLP
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China, Hong Kong
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March 4 2010

The Supreme People's Court (the "SPC") of the People's Republic of China (the "PRC") has recently issued a letter to the Higher People's Courts in Mainland China confirming a bilateral arrangement which enhances the enforceability of arbitral awards made in Hong Kong

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Search results

Proposed new Arbitration Ordinance and rules for HKIAC arbitration

Civil justice reforms to clarify the court's power to grant mareva relief in aid of a foreign arbitration

Court of first instance considers the scope of sovereign immunity and rules that an agreement to arbitrate does not amount to a waiver of immunity from enforcement

Award partially set aside

Unmeritorious attempt to resist enforcement penalised by indemnity costs order

Enforcement of Hong Kong ad hoc arbitration awards

Extended period for consultation on new arbitration ordinance

The benchmark for refusing enforcement on the basis of fraud

Hong Kong Court of Appeal considers whether a contractual clause constitutes an agreement to arbitrate

Supreme People's Court confirms enforceability of Hong Kong arbitration awards

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