The new york arbitration convention on the recognition and enforcement of foreign arbitral. In this case, the court concluded the matters addressed by the tribunal were not covered by the arbitration clause and were subject to the jurisdiction of prc courts and that enforcement would infringe upon prc judicial sovereignty. The bill proposes to amend the arbitration ordinance ordinance to support incoming revisions to the hong kong international arbitration centre administered arbitration rules hkiac rules, as well as provide for other developments. The hague convention on choice of court agreements might achieve for litigation what the new york convention managed for arbitration. For any party contemplating arbitration, the ability to successfully enforce an award is key. Enforcing awards under the new york convention tips and. In making hong kong the seat of arbitration, the chinese soe ensured that the arbitral award would be enforceable in more than 150 countries that have signed the new york convention on the recognition and enforcement of arbitral awards. The ordinance is amended to enable the hong kong courts to enforce macao awards. Arbitration centres have been emerging in jurisdictions around the world, including other standalone arbitration hearing facilities. It is understood that the accession of the state of kuwait to the convention on the recognition and enforcement of foreign arbitral awards, done at new york, on the 10th of june 1958, does not mean in any way recognition of israel or entering with it into relations governed by the convention thereto acceded by the state of kuwait. As a seat of international arbitration, hong kong also ranked as one of the most improved seats second only to singapore. Friven yeoh recognition and enforcement of awards under the new york convention.
Arbitral awards made in hong kong can be enforced in all state parties to the new york convention on the recognition and enforcement of foreign arbitral awards. The bill is tabled for introduction to the legislative council. If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. National arbitration law hong kong in brief texts travaux preparatoires court decisions contracting states student only. This practice note sets out the procedure or process for recognising and enforcing a new york convention or foreign or international arbitral arbitration award before the hong kong courts under the hong kong arbitration ordinance cap 609. Kwm enforcing arbitral awards between hong kong and china. Arbitration awards are also routinely enforceable in foreign countries through the convention on the recognition and enforcement of foreign arbitral awards, also known as the new york convention. How foreign arbitration awards are enforced in hong kong. Apple is good means to find documents having the exact phrase apple is good. When acceding to the new york convention, china accepted that awards under the new york convention include not only institutional arbitration awards but also ad hoc arbitration awards. The growth of arbitration worldwide can, to a large extent, be attributed to the convention on the recognition and enforcement of foreign arbitral awards the new york convention 1 which, among other things, allows the enforcement of an award made in one signatory country. Apr 11, 2019 arbitration awards are also routinely enforceable in foreign countries through the convention on the recognition and enforcement of foreign arbitral awards, also known as the new york convention. Inclusion of five new new york convention signatories in the relevant schedule. Jul 25, 20 inclusion of five new new york convention signatories in the relevant schedule.
This website was created to host information on the implementation of the convention on the recognition and enforcement of foreign arbitral awards, signed in new york on 10 june 1958, with a view of promoting its uniform and. Hong kongenforcementnew york convention arbitration awardsprocedure practice notes. While new york has many other facilities suitable for a. The new york convention is the convention on the recognition and enforcement of foreign arbitral awards 1958 adopted by the united nations conference on the international commercial arbitration and held at new york on 10 june 1958. The new york arbitration convention on the recognition and enforcement of foreign arbitral awards, new york, 10 june 1958. Hong kong passes amendments to arbitration ordinance. It will begin to administer existing north american cases and to register new requests for arbitration in november 20. The new york convention and the washington convention the new york convention is arguably one of the most successful united nations treaties in the area of international trade law. The new team in new york will work in conjunction with icc secretariat case management teams located in paris and hong kong. Hong kongenforcementnonnew york convention and non. Anyone from another jurisdiction who is qualified there can act as an advocate or arbitrator in hong kong.
Member, icc commission on arbitration task force on the new york convention of 1958, 2007 member, london court of international arbitration. The place of arbitration shall be in hong kong at hong kong international arbitration centre hkiac. Icca and the scottish arbitration centre worked with the judicial institute for scotland to host a colloquium on new york convention practice with some of the senators of the. With enforcement, arbitral awards made outside hong kong are classified into four categories. International court of arbitration establishes presence in. Jun 25, 2014 as hong kong is a party to the 1958 new york convention on the recognition and enforcement of foreign arbitral awards by virtue of chinas accession to that treaty, an award obtained in hong. A key driver of arbitrations effectiveness in dispute resolution is enforceability in more than 150 countries across the world through the. Upon the resumption of chinese sovereignty over hong kong on 1 july 1997, the chinese government extended the application of the convention to hong kong. The study also revealed that arbitration is still the preferred dispute resolution mechanism, with enforceability of awards listed as its most valuable characteristic, and cost as the biggest detractor. Issues with enforcement of arbitral awards in hong kong.
The book includes contributions by the areas leading arbitration practitioners and experts. Cover eng a guide to maritime arbitration in hong kong. We have written about myanmar signing up to the new york convention on the recognition and enforcement of foreign arbitral awards 1958 as well as the investment regime and arbitration in myanmar. This is complemented by an arrangement between hong kong and the mainland for reciprocal enforcement of arbitral awards and an arrangement between hong kong and macao for reciprocal recognition and enforcement of arbitral awards. Hong kong through china is a party to the new york convention convention, which provides for the reciprocal recognition and enforcement of arbitral awards in 159 contracting states. It should be taken into account in any strategic planning around disputes and dispute resolution, although it has not had time to build up a hinterland of case law and academic publishing. The amendments took effect on 19 july 20, with the exception of the hong kongmacao mutual enforcement arrangements, which will come into force at a later date, to be notified in the hong kong government gazette. In the united states, consolidation of related arbitrations by the courts is developed by case law.
Hong kong arbitration ordinance, cap 609 of 1 st june 2011, as amended original in english original in chinese traditional. Convention on the recognition and enforcement of foreign. New york convention archives kluwer arbitration blog. The convention on the recognition and enforcement of foreign arbitral awards, commonly known as the new york convention, was adopted by a united nations diplomatic conference on 10 june 1958 and entered into force on 7 june 1959. Hong kongenforcementnew york convention arbitration awardsprocedure. New york is pleased to offer its newly established new york international arbitration center nyiac for the conduct of arbitrations in new york. Aug 29, 2019 new york is one of the worlds leading arbitration centres. Republic will apply the provisions of this convention in respect to arbitral awards made in the territories of noncontracting states only to the extent to which they grant reciprocal treatment. Arbitration essential in the new wild west south china. This made mainland arbitral awards readily enforceable as convention awards in hong kong, and viceversa. Hong kong jurisdictions 1958 new york convention guide.
Hong kong is a signatory to the 1958 new york convention on the recognition and enforcement of arbitration awards new york convention by virtue of chinas accession. In the first judicial fitting of hong kongs new statutory provisions 1 for the consolidation of arbitrations, the hong kong high court has tailored an order directing that two separate arbitrations be heard at the same time. The new york convention on the recognition and enforcement of foreign arbitral awards the new york convention or the convention is one of the most important and successful united nations treaties in the area of international trade law. Alternative dispute resolution hong kong bar association.
Consolidated arbitrations and the 1958 new york arbitration. The amendments took effect on 19 july 20, with the exception of the hong kong macao mutual enforcement arrangements, which will come into force at a later date, to be notified in the hong kong government gazette. United nations conference on international commercial arbitration, new york, 20 may10 june 1958. As hong kong is a party to the 1958 new york convention on the recognition and enforcement of foreign arbitral awards by virtue of chinas accession to that treaty, an award obtained in hong. Sep 15, 2016 ten years later, the mainland ratified the convention. Hong kongenforcementnew york convention arbitration. The convention requires courts of contracting states to give effect to private agreements to arbitrate and to recognize and. The growth of arbitration worldwide can, to a large extent, be attributed to the convention on the recognition and enforcement of foreign arbitral awards the new york convention 1 which, among other things, allows the enforcement of an award made in one signatory country against assets located in. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. The hague convention on choice of court agreements. China and hong kong perspectives 256 journal of international arbitration 837 2008 2008. The latest development in this field is the new dutch arbitration act, which will become effective on 1 december 1986. In 1982, hong kong enacted a new arbitration act which contains specific provisions on judicially ordered consolidation.
It is a revised and updated distillation of two papers originally presented on 12 december 2008 at the beijing conference on the 50th anniversary of the new york convention, when the author was judge in charge of the commercial list of the high court of hong kong. The scope of this article is to analyse whether or not the united nations convention on contracts for the international sale of goods hereinafter, cisg is applicable to hong kongrelated. If the losing party has no assets in hong kong but does in another jurisdiction, an arbitration award may be more valuable than a judgment of the court if the foreign state where the assets of the losing party are situated has no reciprocal judgment enforcement arrangement with hong kong but is a signatory to the new york convention. Asia has witnessed an extraordinary growth in the use of international arbitration in the past two decades. Major arbitration institutions such as hkiac and icc have launched special commissions and committees to discuss how best to capture opportunities arising from bri. Pdf is the cisg applicable to hong kongrelated disputes. Arbitration awards are enforceable in over 150 countries around the world due to the application of the new york convention on the recognition and enforcement of foreign arbitral awards the new york convention types of arbitration. Delos dispute resolution presents tag time series, episode 3 may 6 wednesday, 12. Mar 26, 2020 arbitration the international arbitration centre for the asia pacific.
It requires contracting states to recognize and enforce foreign arbitral awards i. Hong kong cfa clarifies principles for out of time resistance of new york convention award august 20, 2018 july 3, 2019 by phillip rompotis baker mckenzie analyse the april 2018 decision from the hong kong court of final appeal. Dec 12, 2014 in the first judicial fitting of hong kong s new statutory provisions 1 for the consolidation of arbitrations, the hong kong high court has tailored an order directing that two separate arbitrations be heard at the same time. Convention on the recognition and enforcement of foreign arbitral awards new york, 1958 updated whenever the uncitral secretariat is informed of changes in status of the convention. Public policy in the enforcement of new york convention.
Arbitration chambers was established to meet the needs of arbitrators from jurisdictions around the world who are committed to bringing their specialist skills to hong kong, london, new york and all other major arbitral centres. The international arbitration group of this us wall st firm in hong kong seeks a junior associate with top of class experience in arbitration and litigation. Hong kongenforcementnew york convention arbitration awards. The new york convention of 1958, ratified by 157 countries, including all latin american countries, allows for the enforcement of an arbitral award as if it were a local judgment with limited grounds for challenge. This initiative recognizes the dependence of international arbitration practice on the critical role of national court judges in applying the new york convention. New york regularly ranks first in north america, and now third globally, among all arbitral sites for international chamber of. Hong kong is becoming a top intl arbitration venue law360. Arbitration since hong kong is a party to the new york convention, hong kong arbitral awards can be enforced in more than 156 countries and may be executed in the same manner as court judgments upon leave of the court. Conducting the arbitration interim and emergency measures evidence the award costs challenges and appeals enforcement claims in contract and tort in english law institutional and ad hoc arbitration understanding institutional and ad hoc arbitration aaa arbitration adccac arbitration cietac arbitration diac arbitration difclcia arbitration. In june 2011, a new arbitration ordinance came into effect which reforms the arbitration law of hong kong by unifying the legislative regimes for domestic and international arbitrations on the basis of the model law on international commercial arbitration of the united nations. Sep 15, 2016 new york convention, article v1b new york convention, article v1c new york convention, article v2b. May 03, 2020 this post analyzes the problem stemming from the different form requirements established by the 1958 new york convention on the recognition and enforcement of foreign arbitral awards nyc and the 1980 united nations convention on contracts for the international sale of goods cisg with respect to the formation of the agreements the two conventions regulate.
Uncitral secretariat guide on the convention on the. Apr 18, 20 the macao arrangement is in line with the principles of the new york convention, and similar to the arrangement made between hong kong and mainland china in 1999. The legal framework for the recognition and enforcement of new york convention awards in hong kong. Hong kong is a signatory of the new york convention convention on the recognition and enforcement of foreign arbitral awards, and accordingly a foreign or mainland award is enforceable in hong kong. The second is the ability to enforce their awards across borders in most countries under the new york convention, or, in the hong kongmainland china context, the arrangement concerning mutual enforcement of arbitral awards. This post analyzes the problem stemming from the different form requirements established by the 1958 new york convention on the recognition and enforcement of foreign arbitral awards nyc and the 1980 united nations convention on contracts for the international sale of goods cisg with respect to the formation of the agreements the two. A simple guide to arbitration in hong kong lexology. Arbitration in asia is an ideal reference to guide practitioners and business people in the proper selection of a suitable arbitral seat or jurisdiction in asia. New yorks robust arbitration culture is strengthened by the presence of leading arbitral institutions, excellent professional legal organizations with a focus on the field, and major universities with preeminent experts in international arbitration. A comparison of the enforcement regimes under the new york.
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