This post is part of our series on Climate Change Disputes around the world. Our inaugural post was a primer on Climate Change Disputes 101 (click here for link). Stay tuned for future posts on jurisdiction specific issues arising out of Climate Change Disputes. How...
We outline the fundamentals of climate change disputes in the first of our series of blog posts on climate change disputes across the Asia-Pacific region. An essential read for government policymakers, directors and in-house counsel of corporations operating or investing in carbon-intensive industry, and government agencies that regulate such sectors.
HKIAC Statistics: demonstrating the steady strength of Hong Kong as a seat for arbitration Early in the Year of the Tiger, the Hong Kong International Arbitration Centre (“HKIAC”) released its Year of the Ox statistics for 2021. Their full report is available here,...
It has been said that the law is a refuge for people who are afraid of numbers. Despite this, many practitioners (particularly those dealing with large construction disputes) are required to grapple with complex calculations and even more complex Excel spreadsheets...
From 1 December 2021, a claimant can make an application for summary judgment in Hong Kong High Court and District Court cases, notwithstanding an allegation of fraud. What is summary judgment, and how summary is it anyway? In short, a summary judgment application...
The United Nations Commission on International Trade Law (UNCITRAL) adopted the Expedited Arbitration Rules (EAR) on 21 July 2021, which recently entered into force on 19 September 2021. An expedited arbitration aims to be a streamlined and simplified process,...
On 16 July 2021, Amanda Lees, Partner from KWM’s Singapore office, sat down with lawyers from KWM’s global network for a virtual fireside discussion of what makes a persuasive advocate from the perspective of an arbitral tribunal at the procedural phase of an...
C'est la guerre! Winter is coming and with it the narrow Channel or La Manche between England and France is looking chillier by the day – not least because of the fallout from Brexit and the ongoing debate over access by French fishing boats to UK fishing grounds. ...
While one would be forgiven for assuming that the doctrine of privity of contract would preclude a non-signatory from being bound by a dispute resolution process to which it had not subscribed, an arbitration clause may be binding on a third party by assignment,...
Security of Payment (“SOP”) legislation has been enacted in numerous jurisdictions around the world as a successful means of ensuring that construction industry participants are paid on time, disputes are resolved early, and contractors and sub-contractors maintain...
Our Middle East office recently wrote a guest article for MEED (Middle East Economic Digest) following the announcement regarding Dubai Decree 34 of 2021, which came into effect on 20 September 2021, and abolishes the Emirates Maritime Arbitration Centre, and the...
When the COVID-19 pandemic hit the world, restrictions on movement forced the legal sector to consider its options for hearings without diluting the inviolability of an award. Stopping or delaying legal proceedings for a physical hearing in the future was not a...
Key considerations for lawyers outside of China who are not familiar with drafting dispute resolution clauses in contracts involving Chinese parties. The notes below may be helpful to those with less experience in dealing with contracts between Chinese parties and US, UK, or European parties.
The continuation of international arbitration is often subject to payment of advances on costs, which are generally required to be paid equally by the claimant and the respondent. The arbitration cannot continue until the advance has been paid in full. It is...
A new set of rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 Rules replace ACICA’s 2016 Rules, and unlike the new years’ resolutions we set for ourselves (and which we have already broken),...
In December 2020, Justice Beach of the Federal Court of Australia handed down his decision in Dialogue Consulting Pty Ltd v Instagram Inc [2020] FCA 1846. This David and Goliath battle saw Dialogue Consulting, Aussie start-up and creator of the popular social media...
In a dramatic development, the Supreme Court of India has upheld the validity and enforceability of a SIAC emergency arbitrator award in India and not just any emergency arbitrator award but an emergency arbitrator award in favour of the world’s largest on-line...
This post provides a review and analysis of the Osaka High Court’s decision in Prem Warehouse LLC, et. al v Sanyo Electric Co. Ltd. et. al., 11 March 2019, 2017 (RA) no. 1552 While the Haliburton v Chubb Supreme Court decision in England has been attracting headlines...
One topic that has received quite a lot of attention in the Courts over the past few years is how insolvency interacts with arbitration clauses. The question is: can insolvency steps proceed in Court on the basis of a debt which is disputed, where parties agreed to...
1 The International Chamber of Commerce Report on the accuracy of witness memory When I was a child my best friend had the nickname ‘Miffy’. I have a very clear memory of my role inventing the nickname. A few years ago, I was talking to a different friend,...