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Hong Kong › Commercial Arbitration

BCLP

HK Court Refuses Borrower’s Challenge to Enforcement of Arbitral Award in Favour of Moneylender

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In CCC v AAC [2025] HKCFI 2987, Sir William Blair, sitting as Deputy High Court Judge in the Hong Kong Court of First Instance (“Court”), rejected a borrower’s challenge to the enforcement of an arbitral award in favour of a...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

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In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

Hogan Lovells

Application to set aside arbitral award on the mainland not a ground for refusal of enforcement in Hong Kong

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In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an arbitral award issued by the Shanghai...more

BCLP

Split dispute resolution clauses: a recent example

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In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

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Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (VII): Who shall bear the arbitration costs?

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Our previous article raised the issue that costs of commercial arbitration are pretty high in Hong Kong. Then who should bear the costs at the end of the arbitration?...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series VI): Is third-party funding feasible?

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As mentioned in our previous article, the costs of commercial arbitration in Hong Kong are pretty high. Third-party funding, however, could be one of the possible solutions for companies to consider....more

Hogan Lovells

C v D – Hong Kong court rules on compliance with pre-arbitration procedural requirements

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In a recent anonymized judgment, the Hong Kong Court of First Instance held that compliance with an "escalation clause," a procedural requirement for the commencement of arbitration, was an issue to be decided by the arbitral...more

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