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Hong Kong - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Author(s): 
James Kwan
Jasmine Chan
Page Count: 
26 pages
Published: 
March, 2013
Jurisdictions: 
Hong Kong
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Arbitration Fees,
Court Decisions,
Anti-Suit Injunctions,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
CIETAC,
HKIAC,
National Legislation
Tags: 
Public Policy
Author Detail: 

James Kwan is a Partner in the Dispute Resolution Group of Baker & McKenzie in Hong Kong, where he leads the arbitration practice. He specializes in infrastructure, engineering, and energy disputes and has a range of international experience, having represented clients in arbitrations in Hong Kong, Asia, the Middle East, and Europe under the major institutional rules. He is recognized in legal directories as “best known for his tremendous skill in energy, infrastructure and construction disputes” (Chambers Global 2011), “‘extremely good, quality lawyer,’ ‘high profile,’ and ‘a very fine practitioner’” (Who’s Who Legal UAE 2008), and “singled out for his expertise in arbitration,” “genuine arbitration specialist . . . he has a fine reputation” (Asia Pacific Legal 500 2012 edition).

Jasmine Chan is an Associate in the Dispute Resolution Group of Baker & McKenzie in Hong Kong. Her practice focuses on international arbitration and commercial litigation.

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Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Proposed Changes to the HKIAC Administered Arbitration Rules

The revised version of the Hong Kong International Arbitration Centre (“HKIAC”) Administered Arbitration Rules (“Revised Rules”) is expected to come into force in early 2013. Modifications reflect the latest trends in international commercial arbitration. Key changes under the draft Revised Rules include joinder of parties, consolidation of arbitrations, fees of arbitral tribunal, interim measures of protection and emergency arbitrators.

Table of Contents: 

A. Legislation, Trends and Tendencies

A.1 Proposed Changes to the HKIAC Administered Arbitration Rules
A.2 Latest Developments in Hong Kong Arbitration

B. Cases

B.1 Court of Appeal Refused to Set Aside ICC Award
B.2 Derivative Action Based on Enforcement Order Dismissed
B.3 Application to Set Aside Enforcement Order on Public Policy Ground Dismissed

C. The Grant and Enforcement of Interim Measures in International Arbitration

C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures