In a recent decision, C v D  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 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 […]
Cost and Duration of Arbitration
Over the past year, several arbitration institutions have released summaries of data regarding the cost and duration of arbitration. Such institutions include the London Court of International Arbitration (“LCIA”) (data from 3 November 2015), the Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) (data from 24 February 2016) and the Singapore International Arbitration Centre […]
Banking and Finance Arbitrations – ICC Report
The ICC Taskforce on Financial Institutions and International Arbitration, led by Co-Chairs Georges Affaki and Claudia Salomon, recently released a Report on the use of arbitration as a dispute settlement method in resolving financial disputes, i.e., banking and finance arbitrations, showing that arbitration could be used at a much larger scale bringing numerous benefits to […]