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Articles by May Tai
The Usual Suspects Project: Deciphering Decision-Making In Arbitrator Selection
The Hong Kong International Arbitration Centre (HKIAC) and Cortex Capital have launched a collaboration called 'The Usual Suspects Project' with the support of a number of organisations including Herbert Smith Freehills. The project examines the decision-making process behind the selection of party-appointed arbitrators. The project will also reveal how factors such as diversity are considered in the appointment process.
HKIAC Users Gain Additional Route To Mainland Interim Relief And Enforcement
The Supreme Peoples' Court of the People's Republic of China (SPC) has recently announced that the Hong Kong International Arbitration Centre (HKIAC) is to be included in the China International Commercial Court's (CICC) "One-Stop" Platform for Diversified International Commercial Dispute Resolution ("One-Stop" Platform).
Inconsistent Dispute Resolution Clauses – Exploring The Limits Of The Fiona Trust Presumption - Arbitration & Dispute Resolution - Hong Kong
The presumption that "rational businessmen" intend all their disputes to be resolved in the same forum may not apply where the parties clearly intended otherwise. Construing such intentions requires a "broad and commercially minded approach" to inconsistent dispute resolution clauses.
Hong Kong Court Imposes Punitive Costs In Failed IP Claim Against Alibaba Citing Forum Shopping And Non-Disclosure
Judgment is a timely reminder of the territorial limits of IP rights as indemnity costs awarded to Chinese tech giant The internet is borderless, but trademarks are not. A recent Hong Kong case serves as a reminder of the territorial nature and limitation of intellectual property (IP) rights.
Hong Kong Court Awards Indemnity Costs To Alibaba Group Due To Plaintiffs' Material Non-Disclosure And Forum Shopping
The internet is borderless, but trademarks are not. A recent Hong Kong case serves as a reminder of the territorial nature and limitation of intellectual property rights.
South China International Arbitration Center (Hong Kong) Arbitration Rules Come Into Force
South China International Arbitration Center (Hong Kong) (SCIAHK) is a new Hong Kong registered arbitral institution. It is affiliated to the Shenzhen-based Shenzhen Court of International Arbitration (SCIA, also known as South China International Economic and Trade Arbitration Commission), but operates as an independent institution. SCIAHK's Board recently approved the South China International Arbitration Center (Hong Kong) Arbitration Rules (the Rules), which came into force on 1 May 2022.
Delos Launches Open Access Arbitrator Database To Improve Diversity
Worldwide: Delos Launches Open Access Arbitrator Database To Improve Diversity 24 February 2022 by May Tai , Vanessa Naish , Briana Young and Elizabeth Kantor Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com. Independent arbitration institution Delos has created a free, open access database of arbitrators, in a bid to increase the pool of arbitrators and foster diversity in appointments.
Diversity - What Has Been Done So Far And Can The Arbitration Community Do More? - Litigation, Mediation & Arbitration - UK
To print this article, all you need is to be registered or login on Mondaq.com. Promoting gender diversity has become a key focus for the international arbitration community and beyond.
Hong Kong court stays proceedings for arbitration, honouring arbitration agreement in insurance policy | Lexology
Hong Kong February 22 2021 The Hong Kong Court of First Instance stays third party proceedings commenced by an insured against an insurer, on the basis that the parties are bound by the arbitration clause contained in the insurance policy.
Hong Kong court refuses to issue “interim-interim” injunction to restrain arbitrator from acting in arbitration | Lexology
Hong Kong
November 5 2020 Hong Kong’s District Court has refused to grant an injunction to restrain an arbitrator from acting in an arbitration, on the grounds that there was already another identical application before the court scheduled for hearing and that there was no urgency for granting an “interim-interim” injunction. FENN KAR BAK LILY v SO SHIU TSUNG THOMAS [2020] HKCU 3157 Background Lily Fenn was one of the claimants in an arbitration in which Mr Thomas So was the arbitrator.
CFI Refuses To Set Aside Ex Parte Order Allowing Service Out On Basis Of Defendant's Submission To Jurisdiction - Litigation, Mediation &
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Hong Kong: CFI refuses to set aside ex parte order allowing service out on basis of defendant’s submission to jurisdiction | Lexology
Hong Kong
December 16 2019 In the recent case of Balram Chainrai v Kushnir Family (Holdings) [2019] HKCFI 2866, the Hong Kong Court of First Instance (CFI) refused to set aside an ex parte order allowing service out of the jurisdiction on the basis that the defendant had submitted to the jurisdiction. Background to the dispute See our previous discussion of this matter here and here.
Hong Kong Court Grants Interim Anti-Suit Injunction In Favour Of Arbitration To Restrain Court Proceedings Involving Third Party - Litigation, Mediation &
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Hong Kong court refuses enforcement of mainland award, rejects limitation arguments | Lexology
Hong Kong
October 30 2019 In , the Hong Kong Court of First Instance has set aside an order to enforce a mainland Chinese arbitration award, rejecting arguments that a twelve year limitation period applied because the award had been made under seal. Background The Plaintiff, the Defendant and a third party entered into a loan agreement, under which the Defendant and the third party borrowed RMB 22 million.
Hong Kong court: remission for reconsideration - not an automatic cure for substantial injustice | Lexology
China, Hong Kong
August 28 2019 In P v. M [2019] HKCFI 1864; HCCT 6/2019 (24 July 2019), the Hong Kong Court of First Instance set aside parts of two arbitral awards which were found to be in breach of procedural fairness resulting in substantial injustice. Background This is the second of two set aside applications arising from the same underlying arbitration based on a construction contract (Contract) which provided for domestic arbitration in Hong Kong.
Hong Kong Court Refuses leave to appeal arbitral award | Lexology
Hong Kong
March 13 2019 In Buda Pipe Rehabilitation Engineering Co. Limited v CPC Construction Hong Kong Ltd [2019] HKCFI 503, the Hong Kong Court of First Instance dismissed Buda Pipe Rehabilitation Engineering Co. Limited (BPR)’s application for leave to appeal a 2018 arbitral award, clarifying the proper application of Schedule 2 of the Arbitration Ordinance (Cap. 609) (Schedule 2).
Hong Kong court finds enforcement of arbitral award time barred | Lexology
In CL v SCG [2019] HKCFI 398, the Hong Kong Court of First Instance found that enforcement of a 2011 arbitral award by CL was time barred, clarifying when a cause of action for failure to honour an award accrues and the effect of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Mainland and Hong Kong Arrangement“) on time limits under the Hong Kong Limitation Ordinance.
Hong Kong court finds that defendant waived right to challenge jurisdiction | Lexology
Israel Sorin Shohat, the Third Defendant in proceedings commenced by Mr Balram Chainrai, sought to challenge the jurisdiction of Hong Kong courts to hear a matter related to an Israeli arbitral award issued in 2013. The court held that, while the deadline for challenging jurisdiction had not passed, Shohat had ultimately taken steps which indicated that he had submitted to the jurisdiction of the Hong Kong courts and therefore waived his right to challenge.
Must reasons be given for removing a director: Hong Kong High Court takes a closer look | Lexology
Hong Kong
January 25 2019 In Kenneth Yeung Bing Kwong v Mount Oscar Ltd [2018] HKCFI 2763, the Court of First Instance (“Court“) held that a Hong Kong company is not required to give any reasons for the removal of a director. The Court rejected a contention that such an obligation should be read into the Companies Ordinance (Cap 622) (“CO“), and, in doing so, reviewed the statutory framework under the CO for the removal of a director and the relevant principles of statutory interpretation.
Hong Kong Court spits out ceviche: “objectionable” Peruvian fisheries business Chapter 11 trustee refused common law assistance | Lexology
Hong Kong
January 17 2019 In a highly international cross-border restructuring, the High Court of Hong Kong has refused to assist the New York-based Chapter 11 trustee of a Singaporean subsidiary of the Cayman-incorporated Peruvian business China Fishery Group (“CFG”). Significantly, the Court held that there was no way that the Chapter 11 proceedings could be recognised given the applicant had no connection to the US.
SPC issues provisions on action preservation in IP rights disputes | Lexology
The Supreme People’s Court of China (SPC) has released a new set of judicial interpretations concerning interim injunction applications for intellectual property rights (IP Rights)-related disputes. The Provisions on Application of Laws in Adjudication of Action Preservation Cases Involving Intellectual Property Disputes (Fa Shi [2018] No. 21) (Provisions) were published on 12 December 2018 and take effect on 1 January 2019.
Hong Kong court gives “due weight” to supervisory court on enforcement | Lexology
In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy and considered the “due weight” that was owed to a supervisory court in another jurisdiction. The Applicant agreed to act as an agent for the Respondent in its acquisition of shares in a company.
Hong Kong Court "Reluctantly" Issues Temporary Stay of Enforcement | Lexology
In Baosteel Engineering & Technology Group Co. Ltd. v. China Zenith Chemical Group Ltd. [HCCT 7/2018], the Hong Kong Court of First Instance granted a temporary stay of enforcement of an arbitral award. In order to ensure that the award creditor’s interests were not prejudiced, the operation of the stay was made conditional on the award debtor paying security. Baosteel Engineering & Technology Group Co. Ltd.
Dispute Resolution In Asia-Pacific: Parties Seeks Efficient Processes And Enforceable Outcomes | Lexology
Following our report on the Global Pound Conference series, which brought together over 4000 stakeholders at 28 conferences worldwide, our analysis of the Asia Pacific results reveals different demands in Asia and Oceania. Six Asia Pacific cities hosted conferences to assess how dispute resolution can be improved: Singapore; Hong Kong; Chandigarh, India; Bangkok, Thailand; Sydney, Australia and Auckland, New Zealand.
Shaping the future of dispute resolution: global themes and regional differences revealed | Lexology
The Global Pound Conference series – a unique and ambitious project to inform how commercial disputes should be resolved to better serve modern business – brought together over 4000 dispute resolution stakeholders, at 28 conferences in 24 countries worldwide. Herbert Smith Freehills, global founding sponsor of the series, has teamed up with PwC and IMI (International Mediation Institute) to identify key insights from the voting data.
HK Court reconciles jurisdiction and arbitration clauses to order s.20(1) stay
In Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd HCA 1127/2017, the Hong Kong Court of First Instance held that an arbitration clause was not necessarily superseded by a clause in a supplemental agreement that conferred non-exclusive jurisdiction on the Hong Kong courts. While the two clauses did not sit “wholly happily” together, it was at least possible that the parties intended the jurisdiction clause to govern post-award enforcement, or to indicate the lex arbitri.
The role of mediation in the resolution of belt and road disputes
China’s Belt and Road Initiative (BRI) has gained huge momentum of late, with governments, companies and lawyers keen to maximise the many opportunities it presents. The resolution of disputes arising from the BRI is no exception. The sheer complexity and scale of BRI projects is prompting a welcome review of dispute resolution processes, with a view to resolving BRI disputes more quickly and amicably, ideally in a confidential and enforcement-friendly environment.
Taiwan’s CAA adopts new international arbitration rule
Taiwan’s Chinese Arbitration Association (“CAA“) has adopted new arbitration rules for arbitrations seated outside Taiwan. The Chinese Arbitration Association Rules, International (known as the “CAAI Rules“) came into effect on 1 July 2017 and are intended to apply to arbitrations seated outside of Taiwan. The 2001 CAA Rules will continue to apply for arbitrations seated in Taiwan.
Hong Kong Court upholds refusal to stay execution of enforcement order
The Hong Kong Court of First Instance (CFI) has denied leave to appeal its May 2017 decision in Israel Sorin (IZZY) Shohat v Balram Chainrai [2017] HKEC 1118. In that decision (see our previous post), Chow J refused to stay execution of the CFI’s order to enforce an arbitral award pending the outcome of the Award Debtor (Mr Shohat)’s claim against Mr Chainrai (Award Creditor) in the Hong Kong High Court (High Court Action).
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