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Hong Kong court reminds legal professionals to act responsibly when advising on challenges to an award
Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the Court of First Instance dismissed an application to set aside an award. At the outset, Chan J has made yet another effort to summarise the important principles set out in many of the Courts’ decisions on…
The Usual Suspects? A new Report sheds light on the process of selecting arbitrators
Capital is a business consulting firm that was founded by Ula Cartwright-Finch, a former lawyer at Linklaters and Herbert Smith Freehills with a PhD in cognitive neuroscience. The report named “The Usual Suspects: Deciphering Decision-Making in Arbitrator Selection” was presented at the ADR in Asia Conference organized by the Hong Kong International Arbitration Centre (HKIAC) in…
International Arbitration Yearbook 2023-2024 – now available!
Welcome to the 17th edition of the Baker McKenzie International Arbitration Yearbook. We are pleased to bring you our analysis of notable developments in international arbitration over the past year from over 40 jurisdictions worldwide.
As with the editions before it, the 2023-2024 Yearbook covers important legislative and case law updates from each jurisdiction. This…
Swiss Federal Supreme Court affirms ICSID tribunal’s restrictive rationale in upholding China’s jurisdictional objection
In a recent decision published on 11 January 2023, the Swiss Federal Supreme Court (“SFSC”) confirmed the International Centre for Settlement of Investment Disputes’ (“ICSID”) decision upholding China’s objection regarding the arbitral tribunals’ jurisdiction (case no. 4A_172/2023 [in German], intended for official publication).
Factual background
The dispute at stake originated from ICSID arbitration proceedings seated…
2024 CRCICA Rules Released
The Cairo Regional Centre for International Commercial Arbitration (CRCICA) recently published its new CRCICA Arbitration Rules, which have entered into force with effect from 15 January 2024 (the “2024 CRCICA Rules“).The CRCICA Arbitration Rules were last updated in 2011 and have now been revised to meet the needs of the evolving arbitration landscape in the…
Developments in the CIETAC 2024 Rules
On January 1, 2024, China International Economic and Trade Arbitration Commission’s (CIETAC) newly amended arbitration rules (the 2024 Rules) have taken effect. As compared with the previous version which had been implemented for more than 8 years (the 2015 Rules), the 2024 Rules have introduced a significant number of new rules. These revisions reflect the…
Dubai Court of Cassation confirms validity and enforceability of arbitration agreements despite non-payment of arbitration costs
In a recent General Assembly of the Dubai Court of Cassation (“Cassation Court”) case,[1] the Cassation Court has expressly reversed its previous position regarding the effects of a party’s failure to pay arbitration costs on the validity of the arbitration agreement. In accordance with Article 20 of Dubai Law No. 13 of 2016 on…
Hope for the Litigation Funding Industry?
In Therium Litigation Funding A IC v Bugsby Property LLC[1] the English Commercial Court had its first opportunity to consider the enforceability of Litigation Funding Agreements (“LFAs“) following the decision of the Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others[2] (“PACCAR “).
In…
Hong Kong Court of Court of First Instance remits award to give arbitrator the opportunity to eliminate conflict with Hong Kong public policy on illegality
In G v N [2023] HKCFI 3366, an arbitrator decided on illegality under Hong Kong law applying the wrong test. G sought to set aside the awards, among others, on the ground that they are in conflict with Hong Kong public policy on illegality, alternatively for the matter to be remitted to the arbitrator to…