Hong Kong and Singapore often take the top spots as the preferred arbitral seats in Asia and globally.1)See for instance the 2021 and 2018 Queen Mary University London International Arbitration Surveys. Hong Kong and Singapore rank top three as the most preferred seats in the 2021 survey, and top three in the 2018 survey. These two seats share many similarities: they are both known for their arbitration friendly laws and courts, have adopted the UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”) with modifications, and are often early adopters of innovative features t ..read more

On 29 November 2023, speakers from various jurisdictions met at a conference at Heuking in Düsseldorf, organised by the European Chinese Arbitrators Association (ECAA) and the Asian European Arbitration Centre (ASEAC), to discuss whether we are currently experiencing “A New Dawn of Arbitration in Asia”. Professor Sundra Rajoo, Director of the Asian International Arbitration Centre, gave an inspiring keynote speech, sharing insights into how best to navigate opportunities in the modern Asian arbitration landscape. He considered the concept of the “Asian Century” which “paints a dynamic portrait ..read more

In January 2023, the Hong Kong Court of First Instance in Grand Ocean & Williams Co Limited v. Huaxicun Offshore Engineering Co Ltd (江苏华西村海洋工程服务有限公司) [2023] HKCFI 86 (“Grand Ocean”) held that an arbitration clause, governed by the laws of the People’s Republic of China (“PRC”), was void and incapable of being performed on the basis that the institution named did not exist. Without an existing institution named, the arbitration clause fell short of the requirements for a valid arbitration agreement under the Arbitration Law of the PRC. Article 16 of the PRC Arbitration Law provides that an ..read more

Introduction East and Central Asia sees further efforts to promote arbitration through legislative and regulatory developments. Domestic courts clarified issues fundamental to arbitration and the judicial enforcement of arbitral awards. Domestic legislative and judicial bodies and arbitral institutions continue to grapple with recent trends and come up with innovative solutions that reflect the unique experience of this region. On the user side, East and Central Asian parties continued to be active in both commercial arbitrations and investment treaty disputes.   Developments in Arbitrati ..read more

Jan Paulsson once said, “There is a twilight zone. But only a fool would argue that the existence of the twilight zone is proof that day and night do not exist.”1)Jan Paulsson, “Jurisdiction and Admissibility,” Global Reflections on International Law, Commerce and Dispute Resolution, ICC Publishing, Publication 693, November 2005, at 603. Here, the term “twilight zone” is used to metaphorically illustrate the distinction between issues of jurisdiction and admissibility. The “twilight zone” in the context of non-compliance with pre-arbitral requirements or preconditions to arbitration has been ..read more

On October 17, the second day of Hong Kong Arbitration Week 2023, Davis Polk hosted a panel discussion entitled “Investor Information Rights: All Bark and No Bite? Managing Their Effectiveness”. The panel considered a hypothetical case study covering the life cycle of an equity investment into a renewable energy company and explored the legal and practical considerations for investors when negotiating and enforcing information rights. The panel comprised a Chartered Arbitrator, Mary Thomson of Pacific Chambers; an advocate, Aisling Dwyer of Maples Group; an investor, William Hay, former Genera ..read more

On the third day of Hong Kong Arbitration Week 2023, the ADR in Asia Conference, the flagship event of the Hong Kong Arbitration Week, hosted a panel discussion on the Hong Kong Outcome Related Fee Structures for Arbitration (“ORFSA”) regime. The panel followed on from last year’s panel introducing ORFSA and explored updates to the regime and its uptake thus far in the Hong Kong arbitration landscape.  Panelists included John Choong (Freshfields Bruckhaus Deringer, Hong Kong), Kathryn Sanger (Herbert Smith Freehills, Hong Kong) and Tom Glasgow (Omni Bridgeway, Singapore). The panel discus ..read more

On the second day of Hong Kong Arbitration Week 2023, the ICC International Court of Arbitration (ICC) and the International Chamber of Commerce – Hong Kong (ICC-HK) hosted an in-person event on “Challenges of the 21st Century: Regulation of Use of AI in Dispute Resolution and Making ADR Work.” The event explored the appropriate techniques of arbitral proceedings in facilitating settlement of disputes and discussed the latest regulatory developments concerning artificial intelligence (“AI”) in dispute resolution.   Panel Discussion on the ICC Report on Facilitating Settlement in Internati ..read more

For the sixth year, our Blog is providing live coverage of Hong Kong Arbitration Week. We are privileged to kick off with a contribution from Dr. Ling Yang, Deputy Secretary-General of HKIAC and Chief Representative of the Shanghai Office.   Over the years, dispute resolution (especially, arbitration) in Hong Kong has witnessed great openness, professionalism, and innovation. In a recent landmark case, the Hong Kong Court of Final Appeal (the “HKCFA”) has distinguished between the concepts of “admissibility” and “jurisdiction”. The Arbitration and Mediation Legislation (Third Party Fundin ..read more

International Law Talk is a series of podcasts through which Wolters Kluwer provides the latest news and industry insights from thought leaders and experts in the fields of International Arbitration, IP Law, International Tax Law, and Competition Law. Here at Kluwer Arbitration Blog, we highlight the podcasts focused on international arbitration. In this latest episode, Dr Esmé Shirlow, Associate Editor of Kluwer Arbitration Blog, interviews Dr Mariel Dimsey, Secretary-General of the Hong Kong International Arbitration Centre (HKIAC). Prior to joining the HKIAC, Mariel was a Partner at CMS and ..read more