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Results: 1-10 of 78

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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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
  • -
  • China, Hong Kong
  • -
  • February 5 2008

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

China Supreme People’s Court confirms enforceability of Hong Kong ad hoc arbitral awards in the PRC

  • Freshfields Bruckhaus Deringer LLP
  • -
  • China, Hong Kong
  • -
  • January 29 2008

The China Supreme People’s Court (the SPC) has issued a recent document confirming that awards made in ad hoc arbitration proceedings in Hong Kong are enforceable in the PRC

Non-exclusive jurisdiction clauses effect in Hong Kong law

  • White & Case LLP
  • -
  • Hong Kong
  • -
  • January 7 2009

Non-exclusive jurisdiction clauses are common provisions in contracts

The benchmark for refusing enforcement on the basis of fraud

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • 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
  • -
  • Hong Kong
  • -
  • 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

Hong Kong Court of Appeal rejects challenge to arbitral award for fraud

  • Freshfields Bruckhaus Deringer LLP
  • -
  • Hong Kong
  • -
  • January 29 2008

In a recent case, the Hong Kong Court of Appeal laid down a strict test that must be satisfied by a party alleging fraud to resist enforcement of a foreign arbitration award

China Supreme People’s Court confirms enforceability of Hong Kong ad hoc arbitral awards

  • Freshfields Bruckhaus Deringer LLP
  • -
  • China, Hong Kong
  • -
  • November 30 2007

The China Supreme People’s Court (the SPC) has issued a recent document confirming that awards made in ad hoc arbitration proceedings in Hong Kong are enforceable in the PRC

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