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Arbitration

Arbitration is a consensual alternative dispute resolution process where parties agree to submit their disputes to be resolved by one or more arbitrators instead of resolving through Court proceedings. Arbitration is private and confidential, and there are no restrictions on who may represent the parties in an arbitration.

ONC Lawyers has extensive experience in domestic and international arbitrations, and had previously handled various ad hoc arbitrations and institutional arbitrations administered by the Hong Kong International Arbitration Centre (HKIAC), the International Chamber of Commerce (ICC), the London Maritime Arbitrators Association (LMAA), the American Arbitration Association (AAA) and other arbitration institutions.

Our team of experienced lawyers consists of arbitrators, who could assist clients in resolving disputes in a cost effective manner by way of arbitration to avoid costly and time-consuming legal proceedings.

Our lawyers’ credentials in this area include:

  • Acted for a Samoa company against a Hong Kong company in Hong Kong arbitration for a claim of over RMB 600 million for breach of share sale and purchase agreement.
  • Acted for a Taiwanese ship owner against a PRC charterer in Hong Kong arbitration for a claim of over US$95 million for breach of contract of affreightment in relation to the charterer’s refusal to accept substituted vessel to perform the voyage
  • Acted for a well-known Hong Kong ship chartering company in arbitration and court proceedings in London to resist a claim of US$5 million in relation to a charterparty dispute.
  • Acted for a PRC manufacturer (publicly-listed in Shenzhen) in New York arbitration to resist a claim of US$47 million in relation to a patent license dispute.
  • Acted for a PRC shipbuilder (publicly-listed in Singapore) in arbitration and successfully resisted the buyer’s claim of over US$30 million in relation to a shipbuilding dispute.
  • Acted for a PRC shipbuilder (publicly-listed in Hong Kong) in arbitration to resist a claim of over US$36 million in relation to a shipbuilding dispute.

If you would like to know more about our arbitration practice or how we can help your business, please contact us at (852) 2810 1212 or at arbitration@onc.hk.

Please refer to our articles in ‘Knowledge’

Our People

Eric Woo
Eric Woo
Partner
Sherman Yan
Sherman Yan
Managing Partner
Ludwig Ng
Ludwig Ng
Senior Partner
Eric Woo
Eric Woo
Partner
Sherman Yan
Sherman Yan
Managing Partner
Ludwig Ng
Ludwig Ng
Senior Partner

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Compliance with the condition precedent to arbitration proceedings – a question for the arbitral tribunal or court?
In C v D [2021] HKCFI 1474, the Hong Kong Court of First Instance confirmed that the issue of compliance with a pre-arbitration procedural requirement is a question of admissibility, not jurisdiction, and therefore is an issue to be decided by the arbitral tribunal instead of the Court.
Updates on the mutual enforcement of arbitral awards between the PRC and the HKSAR
Prior to the transfer of sovereignty over Hong Kong in 1997, mutual enforcement of arbitral awards between the PRC and Hong Kong was carried out pursuant to the New York Convention (the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards). However, as Hong Kong then became a Special Administrative Region of the PRC in 1997, such an arrangement ceased to apply as it is only applicable between sovereign states. Without the New York Convention in place, there had been a period when it was difficult to enforce PRC arbitral awards in Hong Kong and vice versa before the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Arrangement”) came into effect in February 2000. Pursuant to the Arrangement, enforcement of PRC arbitral awards in Hong Kong and enforcement of Hong Kong arbitral awards in the PRC are again made possible. Yet, the Arrangement contains several limitations which had, in the past, led to some applications for enforcing arbitral awards prone to being refused by the PRC and Hong Kong Courts.
Assignee of a contract containing an arbitration clause must use arbitration to enforce its rights
In Argos Pereira España SL and another v Athenian Marine Ltd [2021] EWHC 554 (Comm), the English High Court held that an assignee acquiring the right to claim under a contract via subrogation could be ordered to pay equitable compensation if it fails to comply with the arbitration clause that binds the original parties to the contract. The Court has clarified the law in terms of the availability of equitable compensation flowing from a breach of equitable obligations to arbitrate, as well as the “transferred loss” principle for parties wishing to recover wasted costs incurred by a non-party to a contract.
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