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Tag Archives: Arbitration Ordinance

Updates to Hong Kong Arbitration Ordinance: third party funding and arbitration over IP rights

On Wednesday, 14 June 2017, two sets of amendments to Hong Kong’s arbitration law were passed to clarify that: third party funding of arbitration, mediation and related proceedings is permitted under Hong Kong law, and disputes over intellectual property rights (“IPRs“) can be resolved through confidential arbitration and that it is not contrary to the public policy of Hong Kong to enforce arbitral awards involving IPRs. The relevant bills were the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 (“Third Party Funding Bill“) and the Arbitration (Amendment) Bill 2016

Hong Kong Court requires substantial security to stay enforcement of an arbitral award

In L v B (HCCT41/2015), the Honourable Madam Justice Mimmie Chan of the Hong Kong Court of First Instance (“CFI“) adjourned enforcement of an arbitral award for four months on the condition that a substantial security of HK$41.6 million including unpaid award and costs to be furnished by the losing party in the arbitral proceedings. Background The Applicant commenced arbitral proceedings against the Respondent for breach of a Non-Recourse Loan Agreement (“the Agreement”).  Under the Agreement, the Respondent agreed to advance a loan to the Applicant against the transfer of

Consultation Paper on Third Party Funding for Arbitration

The Law Reform Commission of Hong Kong published a consultation paper on Third Party Funding for Arbitration in October 2015 (the “Consultation Paper“), proposing that the Arbitration Ordinance be amended to provide that Third Party Funding for arbitration taking place in Hong Kong is permitted under Hong Kong law, subject to compliance by third party funders with the appropriate ethical and financial standards to be developed. The common law doctrines of maintenance and champerty have been held to continue to apply in Hong Kong and to prohibit third party funding

Consultation Paper on Arbitration (Amendment) Bill 2016

The Hong Kong Department of Justice has published a consultation paper on Arbitration (Amendment) Bill 2016 in December 2015 (the “Consultation Paper“), proposing to amend the Arbitration Ordinance to make it clear that disputes over intellectual property rights are capable of resolution by arbitration and that it would not be contrary to public policy to enforce an award solely because the award is in respect of a dispute which relates to intellectual property rights. The current legal position in Hong Kong regarding the arbitrability of intellectual property rights is unclear

The Hong Kong Arbitration (Amendment) Bill 2015

The Arbitration (Amendment) Bill 2015 was gazetted on 23 January 2015 and proposes to amend the existing Arbitration Ordinance (Cap. 609) (the “Ordinance”) to: adjust the circumstances under which the opt-in provisions in Schedule 2 to the Ordinance do not automatically apply; and update the list of state parties to the New York Convention. Background When the Ordinance came into operation in 2011, it unified the separate arbitration regimes for domestic and international arbitration, which co-existed under the old Arbitration Ordinance (Cap. 341, repealed on 1 June 2011). The Ordinance

The need for speed delivery in Hong Kong

Following the enactment of the new Arbitration Ordinance in Hong Kong in 2012, the Rules of the High Court, were amended to provide that any application to challenge and arbitral award on the ground of serious irregularity under s 4 of Schedule 2, and any application for leave to appeal on a question of law arising out of an arbitral award under s 6 of Schedule 2, must be made, and the originating summons served, within 30 days after the award is “delivered”. Previously the Rules had provided that the

Hong Kong: New Rules, New Regime

On 28 March, the Arbitration (Amendment) Bill (“Bill“) was gazetted.  The Bill proposes to amend the Arbitration Ordinance (“Ordinance“) to support incoming revisions to the Hong Kong International Arbitration Centre Administered Arbitration Rules (“HKIAC Rules“), as well as provide for other developments.  The main revisions to the HKIAC Rules are the introduction of emergency arbitrator provisions, new powers for the HKIAC to join parties and consolidate arbitrations and new provisions to streamline the process of agreeing arbitrators’ fees.  The Bill updates the law to support the new emergency arbitrator provisions,