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Global arbitration highlights: procedural orders as awards, arbitrator-appointment limitation, privacy class action to arbitration; ICC/SIAC/AfAA events; UNCITRAL ISDS advisory centre; PCA oceans and law of the sea

Published on: 11 July 2024

Published by a LexisNexis Arbitration expert
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  • International Arbitration
  • Institutional and ad hoc arbitration
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International Arbitration

Hong Kong—High Court—classification of orders v awards

In [L v R], the High Court of Hong Kong determined that a ‘procedural order’ bringing arbitration to a close without addressing the merits can constitute an arbitral award, attracting the same enforcement and challenge framework, where its substance and effect warrant that treatment. The court further concluded that a settlement agreement not embodied in an award may nonetheless be regarded as an award for the purposes of contesting or resisting its enforcement. The decision indicates that the legal character of a tribunal’s order is driven by its practical consequences rather than its heading, and may influence how procedural orders are managed in future Hong Kong-seated arbitrations.

See News Analysis: Hong Kong–High Court rules on classification of orders v awards [L v R], authored by Yashan Huang, senior associate at CMS Hasche Sigle, Hong Kong LLP...

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