Arbitration

“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.

Article: Recognition and Enforcement of a Mainland Judgment in Hong Kong: First Reported Decision

In the recent case of Chan Sang v Chan Kwok & Ors [2016] HKCU 401 (“Chan Sang v Chan Kwok”), Master Harold Leong held that a Mainland judgment is final and enforceable where a certificate has been issued by the original court to that effect. This is the first reported decision of the Hong Kong courts under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (the “Ordinance”). The decision affirms the Hong Kong Courts approach to uphold, rather than set aside, judgments issued in the Mainland.

Hong Kong CFI Stays Proceedings in favour of Arbitration

In a judgment delivered on 4 March 2016 the Hong Kong CFI has ruled that the court need only be satisfied on a prima facie basis that a valid arbitration agreement applies, in order to stay court proceedings. The case in question is Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin [HCA 1492/2015].The decision confirms Hong Kong’s position as an attractive seat for international arbitration and highlights the importance of ensuring consistency across suites of documents.

“Hong Kong courts: pro-arbitration in principle and in practice” – Nick Gall and Ashima Sood contribute the Hong Kong chapter for Practical Law’s Dispute Resolution Global Guide

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.