This article is an edited version of a paper delivered to a joint meeting of the Chartered Institute of Arbitrators (East Asia Branch) and the Hong Kong Institute of Arbitrators held at Hong Kong International Arbitration Centre on 20 December 2004. The article will be published in three parts. In this Part, the author discusses problems arising from applications to stay legal proceedings to arbitration and appeals against refusal of a stay. Part II of the article will discuss set-offs and cross-claims in the context of stay applications and improving court procedures for hearing applications to review jurisdictional decisions and appeals against awards. Part Ill will discuss issues arising out of appeals against awards and how the court might handle multi-party litigation where some of the parties are bound by arbitration agreements.
Asian Dispute Review