New Hong Kong Arbitration Ordinance comes into effect
The new Hong Kong Arbitration Ordinance (Cap. 609) (the “Ordinance”) comes into effect today, having been approved by the Hong Kong Legislative Council at the end of last year. The Ordinance represents the culmination of many years of discussion and consultation and marks a significant milestone in the development of Hong Kong as a world-class international arbitration centre. Its stated intention is to facilitate the “fair and speedy” resolution of disputes, providing for maximum party autonomy and minimal court intervention (Section 3). In that respect, the Ordinance draws heavily on the internationally-recognised and accepted framework of the UNCITRAL Model Law (the “Model Law”), with [...]
Reaching A Settlement Before the Arbitration Hearing
Will a court injunct arbitral proceedings if parties, before an arbitration hearing, allegedly reach a settlement agreement and a dispute subsequently arises over the existence of such an agreement? Is the tribunal functus?
Recently, the Singapore High Court in Doshion Ltd v Sembawang Engineers and Constructors Pte Ltd [2011] SGHC 46 (“Doshion”) rightly held that no injunction would lie in such an instance. It is a decision to be welcomed.
In that case, the two parties were parties to arbitration proceedings under certain construction contracts (“the Sub-Contracts”). The arbitration was scheduled to start on 28 February 2011. The claimant contended that an oral settlement was reache [...]
Status of the Work of UNCITRAL’s Working Group II
- By J. Martin Hunter, Essex Court Chambers,
for ITA
The sense of relief enjoyed by NGO observers and other followers that UNCITRAL Working Group II’s Arbitration Rules revision project was finally completed in the Summer of 2010, after seemingly endless debate, has been diminished to some extent by the publication of the agenda for the next WGII meeting, to be held in Vienna in October 2010, which puts back on the table the difficult question of ‘transparency’ in investment treaty arbitrations.
Confidentiality has long been perceived as an implied term in international arbitration. This was seen to follow from the privacy of arbitral proceedings. The current trend, however, is to question this proposition. This is particularly the case in inv [...]
New Arbitration Law in the Republic of Georgia
- By Michael Wietzorek,
for YIAG
In an analysis published last year, the Georgian authors Mgalobishvili and Kiknavelidze concluded that “there is no doubt that Georgia needs a lot of time and efforts in order to be finally established as a country friendly towards arbitration […].” 1 They identified measures which, in their opinion, should be taken by Georgia in order to accomplish this goal. Among these measures, they listed the adoption of legislation based on the 1985 UNCITRAL Model Law.
Less than a year later, it can be announced that Georgia has successfully taken this step: On 19 June 2009, the Parliament of the Republic of Georgia passed a new law “On Arbitration“, which came into force on 1 January 2010 [...]
Why doesn’t New York Consider Adopting the Model Law After Florida’s Example?
Often viewed as one of the leading locations for international arbitrationss, why doesn’t the state of New York have a separate arbitration act for international arbitrations? Is it simply unnecessary? It is interesting to note in my 2 previous articles, that other states have found it absolutely necessary. Recently, as previously discussed, the state of Florida enacted the UN Model Law on International Commercial Arbitrations (“Model Law”), following the lead of 5 other U.S. states and several leading world jurisdictions. I already discussed some of the points made with respect to replacing the Federal Arbitration Act with the Model Law in my previous articles, but what about New York [...]
Why Canada Leads as the Model Law Turns 25
It is true that Canada did not qualify for FIFA’s World Cup and did not dominate at the Winter Olympics. However, when it comes to the UNCITRAL Model Law on Commercial Arbitration, Canada is a leader.
This year marks the 25th anniversary of the Model Law. Since becoming the first state signatory to the Model Law in 1986, Canada has played a key role in the Model Law’s development and judicial interpretation. Indeed, of the 316 decisions reported by the UNCITRAL Secretariat on the Model Law, over one-third (112) emanate from Canadian courts.
At this silver anniversary of the Model Law, it is timely to reflect on the significance of Canada’s contributions, and on what the Canadian expe [...]
