Arbitration & ADR

10 June 2021

Court affirms need for unsatisfied tax claim to use tax gathering defence

It is trite law that the Hong Kong courts will not enforce a foreign arbitral award if it amounts to indirect enforcement of foreign laws. In the context of tax law, a defence known as the 'tax gathering' defence exists, under which a foreign award will not be enforced if it would, in effect, help foreign states to collect taxes. However, the requirements of this defence have been unclear. Now, a recent case has affirmed that an unsatisfied tax claim is a prerequisite for the tax gathering defence.

William Leung Authors: William Leung | Alicia So

Hong Kong | William KW Leung & Co

Read more

Commercial Court declines to lift stay on enforcement of arbitral awards against Russia

The High Court recently declined to lift a stay of the hearing of an application for the enforcement, under the Arbitration Act 1996, of certain arbitral awards and a related jurisdictional objection by the respondent (Russia) on grounds of sovereign immunity. Among other things, a court's powers under the Arbitration Act to order an adjournment of proceedings and the payment of security are not applicable where there is an unresolved state immunity challenge under the State Immunity Act.

Marie Berard Authors: Marie Berard | Christina Cathey Schuetz

United Kingdom | Clifford Chance

Read more

Recent updates

Third-party funding – how useful is it in practice?

Raúl Herrera Hazas Author: Raúl Herrera Hazas

International | Becerril Coca & Becerril SC

Court annuls billion-dollar award, finding Crimea investment was made before BIT applied

Jonathan Brosseau Author: Jonathan Brosseau

France | Freshfields Bruckhaus Deringer LLP

Award upheld despite arbitral tribunal's refusal to reconsider its jurisdiction based on Achmea

Frank Spoorenberg Authors: Frank Spoorenberg | Daniela Franchini

Switzerland | Tavernier Tschanz

Supreme Court clarifies whether two Indian entities can opt for foreign-seated arbitration

Ajay Bhargava Authors: Ajay Bhargava | Shivank Diddi | Khushbu Singh

India | Khaitan & Co

End of Yukos saga may be in sight – ultimate attempts to set aside $57 billion awards are likely to fail

Ulrike Verboom Authors: Ulrike Verboom | Basya Klinger

Netherlands | Freshfields Bruckhaus Deringer LLP