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2012年10月29日 · By Justin D’Agostino, Tracy Wu and Briana Young The Hong Kong Court of Appeal recently awarded indemnity costs against an applicant who attempted unsuccessfully to set aside an arbitral award. In a decision that many will welcome, the Hong Kong court has sent another strong message of support for the finality of the arbitral process.
2022年10月28日 · Kluwer Arbitration Blog. C v D: Hong Kong in Step with the Admissibility Versus Jurisdiction Debate. Prakritee Yonzon (University of Hong Kong) · Friday, October 28th, 2022 · ArbitralWomen. The differences between admissibility and jurisdiction in arbitration have been recognized in various jurisdictions, such as the UK, US and Singapore, and ...
2018年4月23日 · Kluwer Arbitration Blog. Adverse Inferences in Defense of Good Faith. Menalco Solis · Monday, April 23rd, 2018. Principles of adverse inferences are applied universally. International law endorses the arbitrator’s inherent authority to draw adverse inferences against a party for unjustified non-compliance with an order to produce information.
2020年10月12日 · One holding that expectation, however, may be surprised by the existing Chinese legal regime as interpreted and applied by the Chinese judiciary. A recent ruling rendered by the Guangzhou Intermediate People’s Court (“Guangzhou Court”) may have significantly altered the legal landscape of Chinese arbitration law.
2021年4月9日 · Applied to the arbitrator’s duty of disclosure, this means parties are required to act as soon as the circumstance they believe undermines the arbitrator’s independence and impartiality is revealed. If the parties do not act promptly and fairly, they lose the ability to rely on the undermining circumstance in proceedings to set aside.
2021年9月10日 · Although multi-tiered clauses have yet to be comprehensively tested in Chinese courts, the March 2021 decision of the influential Beijing Fourth Intermediate People’s Court (“Beijing 4thIPC”), Chen Ya v. Yan Wenbo ((2021) Jing 04 Min Te 186 Hao) provides an occasion to survey emerging Chinese jurisprudence.
2019年12月5日 · This post argues that investment arbitration understands one such principle, the so-called principle of contemporaneity, differently to other international courts of tribunals and thereby uses a singular interpretative approach — particularly when applying VCLT articles 31 through 33 to the vexed question of whether the benefit provided by a mos...
