Hong Kong Court of Final Appeal confirms compliance with pre-conditions to arbitration is a matter for tribunals, not courts (C v D)
Suraj Sajnani and Jesse Tizard look at a recent Hong Kong court decision which determined that...
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Tag: arbitration clauses
Multi-tiered dispute resolution clauses – what happens if you don’t comply? A sequel in the “admissibility or jurisdiction” debate in the Hong Kong Court of Appeal
“Whether procedural requirement[s]…ha[ve] been fulfilled is a question intrinsically suitable for determination by an arbitral tribunal, and is best decided by an arbitral tribunal in order to give effect to the parties’...
Read MoreChina Contracts – Tips and Pointers for American Lawyers: Dispute Resolution Clauses
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.
Read MoreInsolvency and arbitration clauses: England, Hong Kong and Singapore
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...
Read MoreMulti-tiered dispute resolution clauses – what happens if you don’t comply?
We often see pre-arbitration steps in an arbitration clause. Typically, parties agree first to try to resolve the dispute by negotiation or mediation, failing which arbitration will follow – a standard “multi-tiered...
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