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Tag Archives: HKIAC

PRC Court refuses to enforce SIAC arbitral award made by one arbitrator under expedited arbitration procedures when arbitration agreement provided for three arbitrators

In Noble Resources International Pte. Ltd v. Shanghai Good Credit International Trade Co., Ltd. (2016) Hu 01 Xie Wai Ren No. 1, the Shanghai No.1 Intermediate People’s Court in a judgment dated 11 August 2017 refused recognition and enforcement of a Singapore International Arbitration Centre (“SIAC“) arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“New York Convention“) on the basis that the composition of the arbitral tribunal and/or the arbitral procedure was not in accordance with the agreement of the parties.

Hong Kong Court Shows Zero Tolerance for Unmeritorious Applications to Set Aside Arbitral Awards

In Arjowiggins HKK2 Limited v X Co [2016] HCCT 53/2015, the Honourable Madame Justice Mimmie Chan of the Hong Kong Court of First Instance gave short shrift to an application for setting aside an HKIAC award on technical and procedural grounds that she “dismissed as totally without merit.” Background Arjowiggins HKK2 Co Ltd (the “Claimant”) entered into a joint venture agreement in October 2005 (the “JV Agreement“) with X Co (the “Respondent”) to set up a company for the purpose of manufacturing paper products in China (the “Company”).  Under the

Hong Kong International Arbitration Centre publishes new UNCITRAL Arbitration Rules

On 1 January 2015, the Hong Kong International Arbitration Centre (HKIAC) introduced the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules (the “2015 Rules“). The 2015 Rules are designed to provide a single, user-friendly system for arbitrations conducted under any version of the UNCITRAL rules.  The 2015 Rules apply equally to international commercial and investment treaty arbitrations. The key changes include: (a) Notice and Response of Arbitration: There are now express provisions regarding the filing of the Notice of Arbitration and its Response. The parties, rather

New Practice Note of HKIAC on Challenge of Arbitrator

The HKIAC has issued a new Practice Note (the “Practice Note“) on the challenge of arbitrators (available at http://hkiac.org/en/news/509). The Practice Note, effective on 31 October 2014, supersedes the earlier challenge rules of the HKIAC. The Practice Note was prepared to codify procedures for parties to challenge an arbitrator by streamlining these rules into a single user-friendly document and creating a unitary system for filing and determining such challenges. Wider scope As well as consolidating existing rules, the Practice Note applies to a wider range of cases than the practice

New HKIAC model arbitration clauses

The Hong Kong International Arbitration Centre (HKIAC) has recently published new model clauses stipulating the law of the arbitration agreement. The new model clauses, which can be found at the HKIAC’s website (http://hkiac.org/en/arbitration/model-clauses), are to a large extent the same as the previous model clause, with the addition of an optional provision providing that “the law of this arbitration agreement shall be [Hong Kong] law.” As explained in the remarks to this optional provision, parties are advised to consider including this provision in their arbitration agreements, particularly when the law

New JCAA Rules – comparison of key Asian Arbitral Institutions

Introduction As we reported recently, the Japan Commercial Arbitration Association (JCAA) published new Commercial Arbitration Rules earlier this year.  The new JCAA Rules apply to all arbitrations commenced on or after 1 February 2014. We recently published a note comparing the new JCAA Rules to the latest rules of three other major institutions popular with parties in Asia: SIAC (the Singapore International Arbitration Centre), HKIAC (the Hong Kong International Arbitration Centre), and the ICC (International Chamber of Commerce). The new JCAA Rules include a number of provisions intended to bring

Hong Kong Court dismisses action against the HKIAC

In a rare case, the Hong Kong International Arbitration Centre (HKIAC) has been sued by one of its users, Mr Gong Benghai.  Mr Gong applied for an order compelling the HKIAC to suspend on-going HKIAC arbitration proceedings, and to replace certain members of an arbitral tribunal, together with costs.  However, the Hong Kong Court of First Instance was quick to dismiss the application. Background In the course of the arbitration proceedings, upon an application by Mr Gong (the Claimant in those proceedings), the Tribunal ordered the Respondent to disclose a

Emergency arbitrators: a passing trend?

A feature of the wave of revisions to the rules of various arbitral institutions over recent years has been the rise of the emergency arbitrator.  The International Centre for Dispute Resolution (“ICDR”) and Stockholm Chamber of Commerce (“SCC”) were early trend-setters, introducing emergency arbitrator procedures that came into force in 2006 and 2010 respectively.  The emergency arbitrator has since become widespread in international arbitration rules: institutions including the Hong Kong International Arbitration Centre (“HKIAC”), Singapore International Arbitration Centre (“SIAC”), Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), the Swiss Chambers of

New Seoul International Dispute Resolution Centre

As part of South Korea’s ongoing efforts to establish itself as an international arbitration destination to rival Hong Kong and Singapore, the new Seoul International Dispute Resolution Centre opened at the end of May. The new centre, which has four hearing rooms and three preparation rooms, is fashioned after Singapore’s Maxwell Chambers, and will host arbitrations held under the rules of major arbitral institutions – including the Hong Kong International Arbitration Centre, the Singapore International Arbitration Centre, the London Court of International Arbitration, the ICC, the International Centre for Dispute

Hong Kong Arbitration Update: Revised HKIAC Rules Published

In our arbitration update “New Rules, New Regime” published in April, we discussed the proposed amendments to the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Proposed HKIAC Rules“), as published in January 2013.  At that time, the Proposed HKIAC Rules were expected to come into effect on 1 May 2013.  On 12 June the final version of the HKIAC rules was published (the “Final HKIAC Rules“), which largely reflect the position adopted in the Proposed HKIAC Rules. However the following key changes have been made: