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2020年6月3日 · Sections 8 and 19 of the Australian International Arbitration Act 1974 stipulate that it would be contrary to Australian public policy if “ (a) the making of the interim measure or award was induced or affected by fraud or corruption; or (b) a breach of the rules of natural justice occurred in connection with the making of the interim measure or...
2022年10月28日 · 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 · 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.
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 ...
On December 30, 2022, the Supreme People’s Court of the People’s Republic of China (“SPC”) released its 36th batch of six guiding cases, all of which relate to the judicial review of arbitration awards. Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues…
2022年10月27日 · What is ESG? Historical & Theoretical Perspective Mr. Tung kicked off the panel by responding to the question of whether ESG still has meaning despite the recent concerns over “greenwashing”. Greater scrutiny and reporting (positive or negative) tended to suggest that ESG is gaining increasing traction worldwide.
2019年2月6日 · In the Year of the Dog, Hong Kong’s authorities and institutions have continued to build on this legacy 1) Its legislature brought into force reforms permitting third party funding for arbitration; its home grown arbitration institution, the HKIAC, released new rules; and its courts handed down a number of pro-arbitration decisions.
