Winding up is “[a] type of external administration (also referred to as liquidation) in which a liquidator is appointed to a company to take control of the company and its property, and wind up its affairs in an orderly way for the benefit of creditors”.[1] This process can be initiated voluntarily by a company’s shareholders or […]
2024 HKIAC Administered Arbitration Rules
The Hong Kong International Arbitration Center (HKIAC) has launched an updated set of Administered Arbitration Rules (the “HKIAC Updated Rules”), effective as of 1 June 2024.[1] They will thus apply to arbitrations commenced from 1 June 2024 unless otherwise agreed by the parties.[2] The new Rules are available in English and Chinese (a simplified Chinese […]
Pre-Conditions to Arbitration Are A Question of Admissibility: Hong Kong Decision C v D [2022] HKCA 729
In a recent decision, C v D [2022] HKCA 729, the Hong Kong Court of Appeal held that pre-conditions to arbitration are a question of admissibility, instead of jurisdiction. Hence, it refused to set aside a partial arbitral award for lack of jurisdiction. Multi-tiered arbitration clauses, containing pre-conditions to arbitration, such as mandatory cooling-off periods, […]
HKIAC Arbitration
HKIAC arbitration refers to the settlement of disputes administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under one of its arbitration rules. According to the Queen Mary, University of London and White and Case’s 2015 International Arbitration Survey, HKIAC was the third most preferred and used arbitral institution worldwide and the most favored […]
Arbitragem Institucional ou Ad-Hoc?
A escolha entre arbitragem institucional ou ad-hoc depende da ponderação de vários fatores e das características do tipo de disputa em causa. Neste blog pretendemos, de uma forma sucinta, expor quais as vantagens e desvantagens de uma e outra escolha e que tipos de processos são melhor indicados para cada uma das opções. Arbitragem institucional […]