Arbitration

Kenix Yuen Participates in IR Global Virtual Series on Fairness and Impartiality in Arbitration

Kenix Yuen contributed to an IR Global Virtual Series report on whether witnesses are truly independent. Kenix, alongside leading lawyers from other jurisdictions, explored cross-cultural issues regarding arbitration rules and witnesses in Hong Kong, the importance of witness independence when attempting to solve complex, transnational disputes, and the importance of IBA rules for arbitration rules in Hong Kong.

Gall Supports Hong Kong Arbitration Charity Ball 2019

Nick Dealy, Kenix Yuen and Katherine Jones hosted a table at the Hong Kong Arbitration Charity Ball 2019 on October 22nd, an event held annually to raise funds to support local Hong Kong charities and assist in the development of arbitration across Asia. The Ball supported two fantastic organisations this year – Sailability and Mother’s Choice - and raised HK$789,587 to help beneficiaries.

Hong Kong courts: pro-arbitration in principle and in practice – Nick Gall and Ashima Sood contribute the Hong Kong chapter of The Dispute Resolution Global Guide 2019 published by Practical Law

This article considers the pro-arbitration approach of courts in Hong Kong in the context of two recent cases. It also considers other significant initiatives and developments in the arbitration regime concerning third party funding, consolidation, and costs of arbitrations.

“Hong Kong courts: pro-arbitration in principle and in practice” – Nick Gall and Ashima Sood contribute the Hong Kong chapter of The Dispute Resolution Global Guide 2017 published by Practical Law

It is well recognised that the pro-arbitration and pro-enforcement approach of Hong Kong courts is the key attribute that underpins Hong Kong's position as an attractive venue for commercial dispute resolution.Due to the rapid economic growth in the markets and a surge in cross-border transactions, arbitration users across the globe are demanding a robust regulatory framework and a judicial climate that is pro-arbitration. Hong Kong has been successful in recognising these demands both in principle as well as in practice.This article considers:The pro-enforcement approach of courts in Hong Kong in the context of the recent judgment in U v A [HCCT 34/2016]. Other important developments in the arbitration regime in Hong Kong.

“Hong Kong courts: pro-arbitration in principle and in practice” – Nick Gall and Ashima Sood contribute the Hong Kong chapter of The Dispute Resolution Global Guide published by Practical Law

The Dispute Resolution Global Guide provides practical analysis of topical cross-border issues and country-specific Q&A guides on dispute resolution law and practice worldwide. The Q&A guide aims to give a structured overview of the key practical issues including, for example, court procedures, fees and funding, interim remedies (including attachment orders), disclosure, expert evidence, appeals, class actions, enforcement of judgments, cross-border issues and the use of ADR. This article considers the pro-arbitration approach of courts in Hong Kong in the context of two recent cases T v C HCCT 23/2015 and Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin HCA 1492/2015. It also considers other significant initiatives and developments in the arbitration regime concerning third party funding, consolidation, and costs of arbitrations.

“Hong Kong courts: pro-arbitration and KB v S and Others” – Brooke Holden and Urvashi Malhotra contribute the Hong Kong chapter of The Arbitration Global Guide published by Practical Law

Practical Law’s Arbitration Global Guide provides practical analysis of topical cross-border issues and country-specific Q&A guides on arbitration law and practice worldwide. The Q&A guide aims to give a structured overview of the key practical issues including, for example, any mandatory provisions and default rules applicable under local law, confidentiality, local courts' willingness to assist arbitration, enforcement of awards and the available remedies, both final and interim. This article considers the pro-enforcement approach of courts in Hong Kong in the context of the recent judgment in KB v S and Others, examines the various factors courts consider when dealing with applications to set aside an arbitral award or to refuse enforcement of an award, and provides a concise overview of the procedure for applying to the Hong Kong courts for enforcement of a foreign arbitration award.