Latest Publications

Share:

Arbitration Highlights in the Year of the Dragon

In the year of the dragon, attention turns to the enforcement of arbitral awards. We look at five different Hong Kong decisions where enforcement or set aside has been the central issue often involving arguments of public...more

Application to set aside arbitral award on the mainland not a ground for refusal of enforcement in Hong Kong

In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an arbitral award issued by the Shanghai...more

Arbitration Highlights in the Year of the Tiger

As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more

Talking Point Asia – "You're on mute!" – top tips for when mediation goes virtual

Mediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and...more

New year, more views – arbitration highlights in the Year of the Ox

As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

Choosing a foreign arbitration institution in China – is the China arbitration market finally opening up?

Arbitration has become an important part of commercial dispute resolution in China. For international investors, arbitration has considerable advantages due to its neutrality, enforcement, confidentiality, flexibility, and...more

Renovation cartels – a word of caution

Hong Kong people may be well aware of complaints about renovation cartels in the market for some time, even before Hong Kong had its competition law. With the enforcement of competition law, it is hoped that such...more

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Foreign Arbitral Institutions Allowed to Administer Foreign-Related Arbitrations in Shanghai Lin-Gang Pilot Free Trade Zone in...

The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

A question of construction – Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract

The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly, with different jurisdictions taking different approaches to what counts as...more

Paint it black - bleak picture for Hong Kong decorators slammed for market sharing and price fixing

In one of its first major rulings, Hong Kong's Competition Tribunal (the "Tribunal") has ruled against 10 decorating contractors for serious anti-competitive conduct as set out in the Competition Ordinance (the "Ordinance")...more

Liquidated damages on work never completed

The English Court of Appeal recently considered what should happen when a contractor, through its own fault, never delivers any completed work, despite having contracted to do so by a particular date. In Triple Point...more

Hong Kong and Australia agree investor-state dispute resolution in new FTA

Hong Kong and Australia have signed a wide-ranging free trade agreement in a variety of areas including trade in goods and services, government procurement, construction, communications, and intellectual property....more

'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years

The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" in an authoritative...more

Adoption of new HKIAC arbitration rules

The Hong Kong International Arbitration Centre (HKIAC) announced on 18 October 2018 that it updated its Administered Arbitration Rules, which had entered into effect on 1 November 2018. ...more

Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. ...more

How to draft for concurrent delay wherever your projects are

A new English Court of Appeal decision shows how to allocate concurrent delay risk successfully. Our worldwide construction team helps your drafting reflect this growing tendency for courts and arbitrators globally to prefer...more

When is a parent company liable in tort for acts of its subsidiary? AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532

On 4 July 2018, the Court of Appeal in the UK handed down its judgment in AAA and Others v Unilever PLC and Another [2018] EWCA Civ 1532, in which the claimants sued Unilever PLC (Unilever) in tort for acts of its subsidiary...more

How does a contractor comply with a duty to proceed regularly and diligently with construction works?

Most construction contracts require contractors to proceed with their works "regularly and diligently" (or an equivalent requirement such as "with due diligence" and "with due expedition and without delay"). Surprisingly, not...more

Automatic opt-in expires under Hong Kong Arbitration Ordinance

The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide