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When a Text Message Commences Arbitration: rethinking proper notice in the digital age

The increasing digitisation of dispute resolution has compelled courts to grapple with how traditional principles of notice & fairness apply within online arbitration frameworks. The decision in CCC v. AAC [2025] HKCFI 2987 illustrates this evolving tension, particularly in the context of consumer lending disputes conducted under expedited online rules. At its centre was the

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Can an Anti-Suit Injunction Protect the Enforcement of an Arbitral Award?

Arbitration is founded on the finality of arbitral awards and the obligation of parties to honour the outcome of the arbitral process. However, the effectiveness of an award may be undermined where a party, dissatisfied with the enforcement process in one jurisdiction, commences proceedings elsewhere to challenge or frustrate that enforcement. In such circumstances, courts

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The “Centre of Gravity” Approach: applying the “closest connection” test in arbitration

Where commercial relationships are governed by multiple related contracts, each containing its own arbitration clause, disputes may arise as to which clause should govern a given claim. This issue becomes particularly significant in investment structures where different agreements are executed at different stages and involve overlapping parties and obligations. The High Court of Hong Kong

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When Can an Arbitrator’s Prior Exposure to a Witness Create Apparent Bias? A glimpse at the HK Court

The legitimacy of arbitration depends heavily on confidence in the tribunal’s independence and impartiality. But when does an arbitrator’s prior encounter with a witness in an unrelated arbitration become sufficient to raise a concern about apparent bias? In O v S [2026] HKCFI 4910, the Hong Kong Court of First Instance considered an application to

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Redefining Signature Requirements in Arbitration: insights from the German Federal Court of Justice

In a landmark ruling on July 11, 2024, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) addressed a key aspect of German arbitration law, mirroring Article 31(1) of the 1985 UNCITRAL Model Law. The Court held that the phrase “signature could not be obtained” is a sufficient justification for an omitted signature in an arbitral

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