Ashima Sood

“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.

Nick Gall and Ashima Sood contribute the Hong Kong section of The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2017 Edition

This article first appeared in the 11th edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.https://iclg.com/practice-areas/corporate-recovery-and-insolvency/corporate-recovery-and-insolvency-2017/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.

Article: 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.