Kluwer: Impact of Arbitration Clause on Winding up Petition: A Comparative Re-collection in Hong Kong, England and Singapore

Published on July 30, 2024

By Mingjie (Anffy) Xiao (University of Hong Kong)

The impact of arbitration clauses on winding-up proceedings (i.e., if both are present, when and how can the former get prioritized over the latter) has long been an issue with diversified practices throughout various jurisdictions. With the judgment by the Hong Kong Court of Appeal (“HKCA”) in Re Simplicity & Vogue Retailing (HK) Co Limited...

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Kluwer: An Important Decision From Brazilian Courts on the Duty to Disclose: Non-disclosure by an Arbitrator is not Sufficient to Justify the Annulment of an Arbitration Award

July 29, 2024
By Ricardo Aprigliano (Demarest Advogados)On 18 June 2024, the Brazilian Superior Court of Justice issued an important decision, which it clearly established the distinction between the breach of the duty of disclosure and the loss of impartiality or independence of arbitrators. Among other arguments, there was the claim of a violation of the duty of disclosure, capable of generating... Continue r

Kluwer: Turning up the Heat on Tech Investors: Navigating the New “Tech Cold War”

July 31, 2024
By Cedric Saliba (Herbert Smith Freehills)The rapid progression of technology is transforming industries and reshaping global geopolitical dynamics. With the rise of generative artificial intelligence (“AI”) and explosive share growth, US tech giants – such as Microsoft, Nvidia, Apple, Alphabet, and Amazon – dominate the list of the world’s most valuable companies. Amid concerns over the influence