Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]
Parties to arbitration in Hong Kong can apply for interim measures in Mainland China
Reading Time: 3 minutesBackground Under the Hong Kong’s existing Arbitration Ordinance (Cap. 609), the parties to arbitral proceedings in other places, including Mainland China, may apply to the courts of Hong Kong for interim measures. However, under the Arbitration Law and Civil Procedure Law of Mainland China, only parties to arbitrations seated in Mainland China and administered by […]
Feature with Lim Seok Hui, CEO of Singapore International Arbitration Centre
Reading Time: 7 minutesIn line with Singapore’s vision of becoming an international arbitration hub, the work done by the Singapore International Arbitration Centre (SIAC) is nothing short of phenomenal and pioneering. When it comes to embracing thought leadership and SIAC’s direction in the future, Seok Hui, CEO of SIAC, is optimistic and passionate. “We have a responsibility to not […]
香港：知识产权争议能否透过仲裁解决？
Reading Time: 1 minutes随着全球知识产权交易日益增加，人们更需要高效的争议解决程序。为推动香港成为知识产权交易枢纽及国际知识产权仲裁及调解中心，律政司于2015年12月发布了《2016 年仲裁（修订）条例草案》咨询文件，旨在了解是否需要就知识产权争议的仲裁问题修订法例。目前，香港既没有具体法例条文、亦没有权威性的判例清楚说明，香港法律是否承认涉及知识产权争议的仲裁结果。香港法例第609章《仲裁条例》并无说明哪些种类的主题事宜可透过仲裁解决。
Indonesia: Churchill Mining PLC v. Republic of Indonesia: ICSID Annulment Committee’s Decision Favors Indonesia
Reading Time: 4 minutesBACKGROUND On 18 March 2019, in the case of Churchill Mining Plc And Planet Mining Pty Ltd v Republic Of Indonesia, the ICSID Annulment Committee (“Committee”) has dismissed Churchill Mining PLC and Planet Mining PTY LTD’s[1] (“Applicants”) application to annul the award rendered on 6 December 2016. The dispute arose due to the revocation of […]
Hong Kong: Navigating the money laundering minefield – the Court of Appeal dismissed the constitutional challenge against the “no consent” regime
Reading Time: 10 minutesIntroduction In Interush Ltd v Commissioner of Police [2019] HKCA 70, the Court of Appeal (“CA”) has rejected an argument that two money laundering offences, namely sections 25 and 25A of the Organized and Serious Crimes Ordinance (Cap. 455) (“OSCO”) under the so called “no consent regime” or “informal freezing” of assets, infringe the property rights and […]
What to do when conflicts arise between business partners
Reading Time: 6 minutesBusiness partner conflicts are common Conflicts between business partners aren’t uncommon. While most disagreements are typically quickly resolved with some discussion, there are some more serious disagreements that can threaten the partnership and therefore the whole business. These disagreements can potentially stall or damage the business. There are many reasons why conflicts arise between business […]