The judgment of the Hong Kong District Court (“Court”) in Gurkhas Construction Ltd v Craft Façade Tech (Hong Kong) Co Ltd is the latest example of the Hong Kong judiciary’s willingness to give effect to an arbitration clause wherever possible. In this case, the Court granted a stay of proceedings in favour of arbitration on the basis that an arbitration agreement incorporated in various purchase orders (“POs”) agreed between the parties remained effective despite a subsequent settlement agreement allegedly entered into between the same parties providing for the non-exclusive jurisdiction of the Hong Kong courts…
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This article first appeared on Arbitration Notes by Herbert Smith Freehills, here. On 22 April 2021 the UK Jurisdiction Taskforce (UKJT), a government-backed initiative chaired by Sir Geoffrey Vos, Master...
By Craig Tevendale, Chris Parker, Dorothy Livingston, Vanessa Naish, Charlie MorganIn this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about making online arbitration (OArb) more widely available, especially in light of tech disparities,...
By Oladeji Tiamiyu, Myriam Seers, Olof Heggemann, Amy SchmitzDespite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v. Diamond, 2021 ONSC 2375 held that their agreement did not apply...
By Daniel Urbas
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