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HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

HK Government Responds to 19 June Letter From Legco in-house Lawyer Regarding the Security of Payment Bill

Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more

Hong Kong Unveils Proposals for First Cybersecurity Law

The Hong Kong Government recently submitted its proposed legislative framework to enhance protection of computer systems of critical infrastructure (“Proposal”) to the Legislative Council (“LegCo”) Panel on Security for...more

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the sole arbitrator in an...more

HKIAC Releases Updated 2024 Administered Arbitration Rules

On 1 June 2024, the latest update to the HKIAC’s administered rules, the 2024 Administered Arbitration Rules (“2024 Rules”) of the Hong Kong International Arbitration Centre (“HKIAC”) came into effect....more

Comments from HK LegCo Members Regarding the Security of Payment Bill

On 21 June 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to discuss various policy concerns of the Bill....more

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

Hong Kong Privacy Commission Publishes Personal Data Protection Framework for Ai Users

With the launch of OpenAI’s ChatGPT in November 2022, one of the hot buzzwords is “artificial intelligence” (“AI”). Recently, more and more companies, especially small and medium-sized enterprises, purchase AI solutions from...more

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

HK High Court Refuses Leave to Appeal Against Interim Measures

In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more

Foreign Illegality in Fraud Proceeds Arising From Underground Currency Exchange Arrangements: The Current State of The Law in Hong...

This note considers the current state of the law in Hong Kong with respect to foreign illegality and whether it can set aside defences of bona fide purchaser for value without notice or change of position, in the context of...more

HK Court Clarified and Confirmed That Orders for Interim Measures Cannot Be Challenged Using the Grounds for Setting Aside Final...

In G v N [2024] HKCFI 721 (judgment date: 11 March 2024), a Hong Kong court dismissed an application to set aside the enforcement of an interim order which an arbitrator had made requiring a party to take steps to dismiss the...more

HK Court Considered the Proper Scope of the Court’s Intervention Against an Arbitral Tribunal’s Ruling Regarding Public Policy

In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on matters of public policy. The...more

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two...more

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

Key Developments and Changes in Comparison With the Existing Contractual Security of Payment Regime: Construction Industry...

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

LegCo In-house Lawyers Request Clarifications Regarding the Security of Payment Bill

On 19 June 2024, the Legal Service Division of the LegCo wrote a letter to the Development Bureau seeking to clarify certain matters in the Construction Industry Security of Payment Bill (“Bill”). The Legal Service...more

Bills Committee Formed to Review Hong Kong Security of Payment Bill

We explored in our earlier Insight Hong Kong Security of Payment Bill gazetted the key provisions of the long-anticipated Construction Industry Security of Payment Bill (“Bill”) which was gazetted on 17 May 2024....more

HK High Court Refuses to Enforce a 12-month Worldwide Non-compete Covenant

In Manulife Financial Asia Limited and Kenneth Joseph Rappold & Others [2024] HKCFI 989 (date of decision: 5 April 2024), the Hong Kong High Court refused a company’s application to enforce a 12-month non-compete clause...more

Worldcoin Directed by HK Data Privacy Regulator to Cease Operations

On 22 May 2024, the Office of the Privacy Commissioner for Personal Data (“PCPD”) published its “Investigation Findings” regarding the operation of the Worldcoin Project in Hong Kong, pursuant to section 48(2) of the Personal...more

Hong Kong Security of Payment Bill Gazetted

The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish a legislative framework...more

NEC ECC Hong Kong Edition: 5 Key Features

The Hong Kong Edition of the New Engineering Contract (“NEC”) was published in July 2023 in a joint undertaking with the Development Bureau (“DEVB”) of the HKSAR Government (“Government”). ...more

Limitation periods and concurrent duty in tort and contract

In Sheffield Teaching Hospital Foundation Trust v Hadfield Healthcare Partnership Ltd and others, the Technology and Construction Court provides helpful guidance about the use of standstill agreements to pause limitation...more

Hong Kong Court of Appeal decision on cartel fines imposed on entities within the same undertaking

Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for contraventions of competition...more

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