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: multi-tiered dispute resolution clauses
The penultimate instalment in the “admissibility or jurisdiction debate” in Hong Kong: permission to appeal to the Court of Final Appeal granted in C v D
The case of C v D concerns the issue of whether or not an arbitral tribunal’s decision with...
Read MoreMulti-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 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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