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2018年7月22日 · One possible way to get around the risk of a respondent resisting enforcement of an arbitral award on the ground of jurisdictional objections is to apply to the Singapore courts under Article 16 to confirm the ruling. Such a decision by the High Court will be non-appealable pursuant to Article 16 (3).
2022年10月28日 · Judgment. In C v D, the Court of Appeal in Hong Kong held that the question of whether a pre-arbitration procedural requirement, such as negotiation, has been fulfilled or not is a question suitable for determination by an arbitral tribunal, i.e., a matter of admissibility.
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2017年6月1日 · The Hong Kong High Court (“HKHC”), which heard the matter after the SGCA had rendered its judgment, (a) declined to extend time for setting aside the enforcement orders and judgment, and further (b) held that Lippo was precluded from resisting enforcement as its conduct constitutes a breach of the good faith principle under the New York Conventi...
2020年7月17日 · Pursuant to Article 239 of the Civil Procedure Law of the People’s Republic of China (Revised in 2017) (the “ Civil Procedure Law ”), the limitation period applicable to applications for enforcement of awards is two years. The starting point for the calculation, and the rules on refreshment and suspension of the limitation period, are worth noting.
2020年10月22日 · First, what is a bad challenge? As illustrated by the previous session of GAR Interactive of the same day, the “ GAR decision time ”, there are a number of scenarios where parties, in-house counsel and external counsel have had to consider whether a challenge should be brought.
2013年12月19日 · In the latest instalment of Pacific China Holdings Ltd (in Liquidation) v Grand Pacific Holdings Ltd, the Hong Kong Court of Final Appeal has confirmed that parties who unsuccessfully challenge arbitral awards will generally be ordered to pay costs on the indemnity basis.
2018年1月2日 · Wei Sun ( Zhong Lun Law Firm) / January 3, 2018 / Leave a comment. When applicants seek recognition and enforcement (“R&E”) of foreign arbitral awards in PRC courts, a challenge often raised by respondents is the non-existence of the main contract between the parties, where the arbitration agreement is contained.
