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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.
2020年7月17日 · For awards issued in cases administered by the China International Economic and Trade Arbitration Commission (“CIETAC”) Hong Kong Arbitration Center, parties can enforce them in the Chinese mainland and Hong Kong out of the many other possible jurisdictions. What they cannot do, however, is to simultaneously enforce the award in both jurisdictions. This is expressly prohibited under ...
2019年9月3日 · Chinese Court’s New Approach to Interpreting the Validity of a Pathological Foreign-Related Arbitration Clause. Under China’s arbitration regime for foreign-related arbitration and international arbitration, the concept of a juridical seat is a statutory juncture where, in cases with no express agreement on the applicable law ...
2021年11月2日 · Trends in Questions of Jurisdiction and Admissibility in International Arbitration. A common issue in commercial contracts across a range of industries is whether a claimant’s failure to comply with the provisions of a dispute resolution clause gives rise to an issue of admissibility or jurisdiction. There have been a range of ...
2015年5月29日 · It should be noted that Section 15 (3) of the Hong Kong Arbitration Ordinance (Cap 341) and Article 14 (1) of the Model Law are substantively similar despite the differences in wording. The arbitrator, however, published his award prior to the court’s determination of the application.
2015年7月10日 · In a keenly reasoned judgment justifying its rare decision to set aside an arbitral award, Singapore’s apex court affirmed the role of curial courts in safeguarding the adherence by arbitrators to principles of natural justice and the contractual limits to their powers, while underscoring that any grounds for challenge to awards would be narrowl...
2020年4月11日 · By setting up these overseas branch offices, CIETAC is aiming to materially internationalize its arbitration practice, and serve parties under different systems of law. What are the main developments at CIETAC that have been stimulated by the Belt and Road Initiative (“BRI”) over the past few years?
