Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
Hong Kong Arbitration
2024 HKIAC Administered Arbitration Rules
The Hong Kong International Arbitration Center (HKIAC) has launched an updated set of Administered Arbitration Rules (the “HKIAC Updated Rules”), effective as of 1 June 2024.[1] They will thus apply to arbitrations commenced from 1 June 2024 unless otherwise agreed by the parties.[2] The new Rules are available in English and Chinese (a simplified Chinese […]
Variation Claims in International Arbitration
Variation claims in international arbitrations involving construction are common. Over the course of a construction project, it is not rare for a project to undergo changes. This might arise because the employer needs to change the original scope of work that can no longer be carried out after starting the project, or the contractor discovers […]
Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729
In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]
The new 2018 HKIAC Arbitration Rules
The HKIAC Rules of Arbitration (“HKIAC Arbitration Rules”) are applied in arbitral proceedings when the parties have agreed to HKIAC arbitration to resolve their dispute. Established in 1985 as a response to the growing demand for dispute settlement mechanisms in Asia, the HKIAC is a preferred arbitral institution for disputes with an Asian element. Apart […]
HKIAC Arbitration Cases: 2017 Statistics
On 24 May 2018, the Hong Kong International Arbitration Center (“HKIAC”) released the caseload statistics Report for 2017, revealing the highest number of HKIAC arbitration cases ever administered. HKIAC reported a total of 532 new cases filed in 2017, which is 15.7 % more than in 2016 (see Report for 2016). This is the highest […]
Banking and Finance Arbitrations – ICC Report
The ICC Taskforce on Financial Institutions and International Arbitration, led by Co-Chairs Georges Affaki and Claudia Salomon, recently released a Report on the use of arbitration as a dispute settlement method in resolving financial disputes, i.e., banking and finance arbitrations, showing that arbitration could be used at a much larger scale bringing numerous benefits to […]
