The Supreme Court has arrived at what almost all arbitration practitioners and clients will view as the right result in the strange episode of Jivraj v Hashwani. The Supreme Court has unanimously…
The scope of Most Favoured Nation (MFN) clauses in bilateral investment treaties (BITs) has been a source of rich debate for many years. In sum, the debate centres around whether MFN "treatment"…
The Court of Appeal of England and Wales ruled last month that where parties have entered into an arbitration agreement, one party can obtain an anti-suit injunction to prevent the other party from…
In a landmark provisional judgment in Democratic Republic of the Congo v. FG Hemisphere Associates FACV Nos. 5, 6 & 7 of 2010, the Hong Kong Court of Final Appeal (CFA) has held by a majority of 3:2…
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…
In the recent investment treaty case Alps Finance Trade AG v Slovak Republic, an UNCITRAL tribunal had to consider whether Alps had satisfied the obligation contained in Article 9 of the Switzerland…
On 27 April 2011, the US Supreme Court in a 5-4 decision (AT&T Mobility LLC v Concepcion (563 US ____ (2011) 17)), concluded that due to the principle of finality, arbitration would be "poorly suited…
The aftermath of the Lehman Brothers' bankruptcy saw more than 20,000 retail investors in Hong Kong suffer losses from investments in structured products. This gave rise to political pressure on the…
On 11 March 2011, the UNASUR treaty entered into force. UNASUR (the Union of South American Nations) is a regional organisation that comprises all twelve South American countries: Argentina, Bolivia,…
