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“终局性还是公正性”——香港法院对仲裁裁决质疑的考量

香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请,在其中一案中暗示,“为整体司法利益起见”,有必要制定法律在此方面给予法院更多自由裁量权。...more

Rising to the top – Hong Kong Court of Appeal rules that escalation clauses compliance queries are best left to arbitrators -...

The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more

"Finality or justice" – Hong Kong court considers challenges to arbitral awards Talking Point Asia – May 2022

In two successive decisions, the Hong Kong Court of First Instance has refused applications for extensions of time to set aside arbitral awards, in one case suggesting that there would need to be legislation to grant the...more

New Hong Kong Bill allows for outcome-related fees in arbitration - Talking Point Asia April 2022

The Hong Kong Government has published a new bill, which when enacted, will allow a flexible regime for outcome-related fees in arbitration. This legislation, compliments the existing regime for third party funding,...more

Beyond the scope – Hong Kong court sets aside award that fell outside pleadings

The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more

Arbitration Highlights in the Year of the Tiger

As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more

New year, more views – arbitration highlights in the Year of the Ox

As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

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