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Hong Kong court provided guidance on the approach to granting Mareva injunctions in support of enforcement proceedings for...

Hong Kong court continued the validity of a Mareva injunction granted in connection with the enforcement proceedings of a CIETAC award, and dismissed an application for security or fortification in support of the...more

Hong Kong court rules that it has no power to extend the time to challenge an arbitral award under Article 34 of the UNCITRAL...

In AW and others v PY and another [2022] HKCFI 1397 (judgment date: 13 May 2022), a Hong Kong court held that it has no power to extend the time to challenge an arbitral award under Article 34 of the Model Law, as adopted by...more

Recent decision on enforcing a South Korean judgement in Hong Kong: Application of common law principles

Hong Kong is not a party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Accordingly, the two mechanisms by which a foreign judgment may be enforced in Hong Kong...more

Failed application for setting aside an arbitral award before Hong Kong Court on the grounds of the lack of proper notice of the...

K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts - The sum in dispute was...more

Love’s Labour’s Lost?: Online love scam: Unjust enrichment and the defence of bona fide change of position

In a recent decision Luk Mei Suet Michelle v Afsafari Services Co Ltd and Others ([2022] HKDC 191, DCCJ 5593/2018, 23 February 2022), the Hong Kong District Court considered the applicability of the defence of bona fide...more

Sanctioned offer made at an early stage of the proceedings - unjust to impose costs consequences?

It is well known to dispute resolution practitioners that an important matter is to turn your mind to putting in place costs protection, and to do so as at early stage of the dispute. In Hong Kong litigation, a plaintiff...more

Risks of having an overly helpful tribunal - arbitral award set aside by a Hong Kong court for containing decisions on matters...

In Arjowiggins HKK2 Ltd v X Co [2022] HKCFI 128, after dismissing the claims and declining to grant the pleaded remedy, the tribunal invited submissions from the parties on an alternative remedy and ultimately granted relief...more

Pleading claims by sampling and extrapolation: recent guidance given by the UK Court of Appeal

Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes. The exercise involves identifying and examining a properly representative set of sample allegations, and...more

Fraud cases: Hong Kong Court’s jurisdiction on the grant of vesting orders

Regrettably, internet scams are on the rise in Hong Kong, consistent with the regrettable world trend. According to police, reports of cybercrimes in Hong Kong surged more than sevenfold during the past decade to 16,159...more

Frustration and rent abatement in commercial leases - Hong Kong Court rules on the impacts of COVID-19 pandemic

More than two years into the COVID-19 pandemic, anecdotal reports are that there have been many disputes between landlords and tenants about how the pandemic might affect the tenant’s payment obligations. Tenants reportedly...more

Part 5 of 5: Gazing into the future of China’s data protection law

China’s data protection laws have been developing actively in the recent years. This article identifies some other Chinese legal instruments which are relevant to the protection of personal information, and discusses the...more

Part 4 of 5: Penalties and liabilities under China’s data protection laws

This article discusses briefly the various possible liabilities for data protection breaches under China’s main laws, regulations and statutory instruments governing the protection of personal information. Introduction -...more

Part 3 of 5: the PIPL and the Personal Information Security Specification

In Part 2 of this series, we discussed how the Personal Information Protection Law (“PIPL”), the centerpiece of China’s personal information (“PI”) protection law, needs to be read in conjunction with other relevant laws,...more

Part 2 of 5: PIPL requirements as supplemented by other relevant laws, regulations and instruments

In Part 1 of this series, we identified ten key legal instruments forming part of China’s current data protection law. These laws, regulations and legal instruments were identified in an Information Booklet published by the...more

Part 1 of 5: A quick overview of the key instruments forming part of China’s data protection regime

The Hong Kong Privacy Commissioner for Personal Data (“PCPD”) recently published an information booklet on China’s newly promulgated Personal Information Protection Law (“PIPL”). The booklet provides useful guidance to Hong...more

Recent decision by the Hong Kong Court of Appeal on the threshold for resisting a winding-up petition based on a debt owed under...

It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds. In Sun Fung Timber...more

Recent case where a Hong Kong court set aside an arbitral award

In 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407, a Hong Kong court set aside an enforcement order in respect of an arbitral award, after finding that the shareholder-director of the respondent had colluded...more

Hong Kong court rules that non-compliance with pre-arbitration conditions goes to admissibility, not jurisdiction

In the anonymised case of T v B [2021] HKCFI 3645, the High Court of Hong Kong ruled that a challenge concerning the non-compliance with a condition precedent for commencing arbitration (“pre-arbitration condition”) is a...more

Rectification and removal of incorrect information on the Companies Register

The Companies Register (“the Register”) is the repository of the records of Hong Kong companies, and is maintained by the Companies Registrar. In general terms, the records within the Register are available for public...more

Assessment of damages for breach of contract: costs of cure vs difference in value

The most common remedy for breach of contract is the award of damages. The usual aim of the court is to place, as far as possible, the innocent party in the position it would have been in had the breaching party performed...more

The Hong Kong approach where debtors lodge a petition for their own bankruptcy - how to prevent abuse of process

If a person presents a petition for their own bankruptcy (“self-petition”), are there any safeguards to ensure that the self-petition is genuine, as opposed to a cynical device by the person to buy themselves time to pay, or...more

The Hong Kong District Court has exclusive jurisdiction to hear stamp duty appeals

John Wiley & Sons UK2 LLP v Collector of Stamp Revenue [2021] 5 HKLRD 20, [2021] HKCFI 3060 was a ruling on whether the Court of First Instance has jurisdiction to hear a stamp duty appeal under section 14 of the Stamp Duty...more

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more

Landlord Tenant Dispute: Tenant’s liability to make good damage and defects after the expiry of the tenancy

What is the allocation of responsibility for damage and defects after the expiry of a tenancy - The dispute in So Hon Ming Francis v Cheung Lau Shau Chun and Another ([2021] HKDC 1494, DCCJ 367/2019, 29 November 2021)...more

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