Access the official judgment (Judiciary of Hong Kong):
📄 Soremi Investments Ltd v China National Gold Group Hong Kong Ltd & Anor [2025] HKCFI 4514 (26 Sept 2025) ➡️ legalref.judiciary.hk/doc/judg/wor...

Read my full analysis on LexisNexis:
🔗 High Court of Hong Kong refused to stay court proceedings in favour of arbitration ➡️ www.lexisnexis.co.uk/legal/news/h...

In a nutshell, Hong Kong remains pro-arbitration; but never clause-blind. In my LexisNexis case commentary, I unpack the reasoning and outline the drafting and procedural implications for arbitration and corporate practitioners.

The #Fiona Trust presumption remains the starting point but consent to arbitrate still depends on what the parties truly agreed to cover. The Court’s analysis shows that the substance of the dispute, not the mere presence of an arbitration clause, defines arbitral scope.

This clause’s breadth could not override context. The judgment reinforces that Hong Kong’s proarbitration policy is principled, not automatic.

Court refused to stay proceedings under section20 #ArbitrationOrdinance despite a broadly worded clause (“arising out of or relating to”) in a shareholders agreement. The reason: the dispute did not arise from any rights or obligations under that agreement.

Read the full Perspective here 👉 ccsi.columbia.edu/sites/ccsi.c...

via @ccsi_columbia @CityULawHK @APFNetwork

I propose a model clause that gives governments equal standing at #ICSID or the #PCA. It complements domestic remedies, requires no treaty reform, and builds on practice in Colombia, Ecuador and Bolivia.

Most state contracts with foreign investors let only investors start international arbitration. My piece shows why this imbalance is untenable and how governments can correct it.