After the legitimisation of outcome-related fee structures for arbitration, Hong Kong is expected to become a more popular and favoured seat for arbitration worldwide. In 2022, Hong Kong saw several arbitration-related court decisions that have become binding precedents, and these decisions are expected to reshape the landscape of arbitration in Hong Kong.

Mr. Edward Liu, along with his team colleagues Ms. Manly Lam and Ms. Bridget Yim from Haiwen & Partners, were invited by the leading arbitration newsletter Arbitration Law Monthly, which is edited by Prof Rob Merkin KC and is one of i-law’s publications, to summarise some of the most influential arbitration-related decisions by Hong Kong courts in 2022.

These decisions involved various issues such as the grounds and threshold for setting aside an arbitration award, enforcement procedures of an arbitration award, the court's approach in granting interim measures in arbitration proceedings, the court's attitude in staying court proceedings in favour of arbitration, consolidation of arbitration, and the long-standing controversy over the difference between the admissibility of a claim and the jurisdiction of the tribunal. This article also outlines key aspects of third-party funding and the newly permitted outcome-related fee structure for Hong Kong arbitration. The detailed explanation and commentary on these important issues in arbitration proceedings make this article a must-read for all interested parties.

Haiwen & Partners has always been well-positioned to handle international arbitration and has consistently been listed as a leading law firm in dispute resolution practice, including arbitration. The dispute resolution team, headed by Mr. Edward Liu, has considerable experience in advising and handling cross-border disputes and has represented many multinational corporations, Chinese state-owned enterprises, and non-government organizations.