In Z and Y [2018] HKCFI 2342, the Hong Kong Court of First Instance (“CFI”) refused to recognize and enforce an arbitral award (“Award”) of the China Guangzhou Arbitration Commission (“Commission”) on the basis that enforcement under section 95(3)(b) of
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The long reach of US discovery: Commercial Court allows enforcement of 28 USC §1782 discovery order
In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order the…
The establishment of three new organisations points to further growth in African arbitration
Africa’s economic growth is picking up pace and is expected to reach 6.3% in East Africa and 3.4% in Sub-Saharan Africa by the end of this year. Foreign direct investment into Africa is also expected to increase from $41.8bn to…
Latest developments in the Sanum saga: application to refuse enforcement rejected
In what has been a long-standing dispute comprising several applications before the courts of Singapore and Hong Kong, the Singapore High Court has rejected an application to refuse enforcement of an arbitral award for US$200 million in damages. The application…
“Attorney eyes only” order does not breach settled arbitral norms or natural justice
The Singapore High Court has refused an application to set aside an award on the basis that there had been a breach of natural justice. The central issue in the application was whether the imposition of an “attorney eyes only”…
Application to adjourn enforcement proceedings dismissed (Singapore High Court)
The Singapore High Court has refused an application to challenge the enforcement of a Danish Institute of Arbitration award, and dismissed an alternate argument for the adjournment of the enforcement proceedings. The applications to challenge enforcement were made pursuant to…
Reform of the Arbitration Act 1996 and confidentiality: it’s not all about an opt-in
In December 2017, the Law Commission launched its Thirteenth Programme of Law Reform. In it, the Law Commission suggests that it might be time to reform the English Arbitration Act 1996 (AA 1996).
Much has been written about what those…
Court of Final Appeal extends time for First Media to challenge enforcement orders and judgment
In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA”) handed down its decision on 11 April 2018 in a…
Winding-up Petition v Arbitration Clause: Hong Kong Court Dismisses Winding-up Petition in Favor of Arbitration Clause
On 2 March 2018, the Hong Kong Court of First Instance (“CFI”) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. The CFI held in Lasmos Limited v Southwest Pacific…
Late twist to the Commisimpex saga as French Supreme Court reverses its position on state immunity from execution
On 10 January 2018, the French Supreme Court issued a second decision in the Commisimpex v Democratic Republic of Congo case, shifting its position on state immunity from execution. In the light of the new Sapin II law, the court…