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Tag results for 'arbitration'

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Beware defaulting parties in arbitration proceedings

Arbitration is a widespread and common procedure for resolving disputes, but there is no procedural device in arbitration equivalent to a default judgment in a court of law. This article outlines the factors to be considered when arbitrating against a party who refuses to participate.

Released on Apr 22, 2022

The Impact of the Mutual Arrangement Concerning Court-Ordered Interim Measures on Hong Kong Arbitration

This article discusses, primarily by reference to and comparison of mainland and Hong Kong cases and legislations, the impact of the Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (the ‘Arrangement’). Before the Arrangement, only Hong Kong courts were entitled to grant interim measures in aid of mainland arbitral proceedings, while mainland courts were unable to grant interim relief to Hong Kong arbitration due to the lack of legal basis. Now, the Arrangement explicitly empowers the mainland courts to grant interim measures in aid of arbitral proceedings seated in Hong Kong and administered by recognised arbitration institutions. It may also motivate parties to mainland-related transactions to use institutional arbitration seated in Hong Kong and prospectively enhance the leading status of Hong Kong as an international arbitration hub.

Released on Jun 3, 2021