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Dispute Resolution

2024 mid-year arbitration round-up: upholding the integrity of arbitration in Hong Kong

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In the rapidly evolving landscape of international commercial arbitration, the Hong Kong courts have played a pivotal role in upholding the integrity and finality of arbitral awards. This comprehensive half-year review examines a series of recent decisions that showcase the Hong Kong judiciary’s nuanced approach to balancing the autonomy of the arbitral process with the need to address substantive issues of public policy and procedural irregularities.

Written by Edward Liu (Partner), Vinca Yau and Lori Ng (Senior Associates), Richard Poon and Aaron Lai (Associates), all members of the dispute resolution team at Haiwen & Partners LLP.

Access the review here

Arbitration Law edited by Professor Robert Merkin KC

Latest update available – Service Issue 97 July 2024

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Service Issue 97 brings the main work up to date to 1 May 2024. Chapters 1–2, 5–10, 14 and 17–21 have been updated.

Some of the cases discussed in Service Issue 97 include:

Arbitration law in 2023: a review of developments in case law

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This review covers, without seeking to be exhaustive, the court decisions and developments in the field of arbitration in 2023. It covers the main cases and trends in England and Wales, as well as in other key common law arbitration seat jurisdictions including Hong Kong SAR and Singapore.

By way of structure, this review analyses cases in a sequence that mirrors the structure and chronology of a dispute resolved through arbitration – ie starting with the commencement of an arbitration and ending with the enforcement of a foreign award by a court. There is also a section on relief granted by courts in aid of arbitration.

https://www.i-law.com/ilaw/doc/view.htm?id=438047

Current issue available

Arbitration Law Monthly

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Arbitration Law Monthly is a specially designed information service that provides you with critical and essential analysis of global arbitration court decisions. Covering a wide range of industries including construction, banking, energy, gas, insurance, oil and shipping, Arbitration Law Monthly offers you a convenient round-up of news, information and analysis in an easy-to-read format.

The latest issue of Arbitration Law Monthly is available here

Dispute Resolution Search

New book available

Arbitration Cause and Third Parties, 1st Edition

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Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties.

Don't forget:

Lloyd's Law Reports: for arbitration-related reports of court decisions

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Lloyd’s Law Reports is the unrivalled source of authoritative content, edited by Professor Robert Merkin KC and Dr Johanna Hjalmarsson, both experts in the maritime and commercial sector. Legal professionals around the globe regard Lloyd’s Law Reports as the leader in providing them with the latest case law and approved judgments.

Access Lloyd's Law Reports on i-law.com, available in our Maritime and Commercial collection of titles.

Arbitration Law Monthly

Error of law: extension of time

In Lord and Others v Kinsella and Others [2023] EWHC 2748(Ch); [2023] 2 Lloyd's Rep 677 the question before MilesJ was whether time for the bringing of an appeal should be extended. That in turn raised issues as to the date on which the award was made and also the strength of the claimants' allegations of serious irregularity and error of law.
Online Published Date:  10 Oct 2024
Appeared in issue:  Vol 24 No 9 - 01 Oct 2024

Appeal on point of law: criteria for appeal

The decision of the Supreme Court in Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14; [2024] 1 Lloyd's Rep 568 was concerned primarily with the proper construction of a damages clause in a charterparty. However important questions were raised concerning the operation of section 69 of the Arbitration Act 1996.
Online Published Date:  10 Oct 2024
Appeared in issue:  Vol 24 No 9 - 01 Oct 2024

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