In a recent English judgment, Vale SA and others v Steinmetz and others [2021] EWCA Civ 1987, which concerned the effect that an arbitral award had upon a proprietary claim against a non-party to the arbitration, the Court of...more
China’s new legislation on personal information protection (“PIPL”) will come into force on 1 November 2021. Mr Yang Heqing, an official from the responsible law making commission, has given some helpful explanatory comments...more
China recently has passed its Personal Information Protection Law. The law will take effect on 1 November 2021....more
In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more
10/7/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Dispute Resolution ,
Dispute Resolution Clauses ,
Foreign Arbitral Awards ,
Hong Kong ,
Jurisdiction ,
Parent Corporation ,
Subsidiaries
In W v AW [2021] HKCFI 1707 (date of decision: 17 June 2021), a case described by the court as “highly unusual”, an arbitral award was held to be manifestly invalid.
The award in question contained findings that were...more
Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more
It sometimes happens that there is an irregularity or mistake in the way in which a party is named in the formal arbitration papers. Will such an irregularity or mistake cause problems when the successful party seeks to...more
The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more
8/17/2021
/ Breach of Contract ,
Carve Out Provisions ,
Civil Liability ,
Construction Industry ,
Construction Project ,
Contract Interpretation ,
Contract Terms ,
Contractors ,
Damage Caps ,
Fraud ,
General Contractors ,
Liquidated Damages ,
Negligence ,
UK ,
UK Supreme Court
In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted the modern test for penalty clauses as laid down in the UK Supreme Court decision in...more
The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors...more
In light of the prevalence of doxxing and cyber harassment in Hong Kong, the Hong Kong government is keen to step up the efforts to curb the dissemination of personal data which is done to harass or harm to data subjects. It...more
Hong Kong proposes to widen the current definition of “personal data” to cover not just “identified” persons but also “identifiable” persons. The amendment is expected to cover the use of online tracking technologies such as...more
7/22/2021
/ Amended Legislation ,
Cookies ,
Data Protection ,
EU ,
General Data Protection Regulation (GDPR) ,
Hong Kong ,
IP Addresses ,
Personal Data ,
Privacy Policy ,
Radio Frequency Identification (RFID) ,
Web Tracking
In the upcoming round of amendments to the PDPO, Hong Kong likely will follow the footsteps of overseas regulatory authorities to introduce measures that regulate data processors directly.
This post is the fourth in the...more
In Lengler Werner v. Hong Kong Express Airways Limited [2021] HKCFI 1333, the Court of First Instance (the “Court”) examined the power of “suspension” of an employee, including under section 11 of the Employment Ordinance...more
Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more
With the gradual lessening of locally acquired cases of COVID-19, on 28 April 2021, the Government announced measures to relax restrictions in respect of the operation of restaurants and other premises. While catering...more
6/9/2021
/ Australia ,
Coronavirus/COVID-19 ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Fair Work Commission ,
Hong Kong ,
Infectious Diseases ,
Personal Data ,
Popular ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Amidst the COVID-19 pandemic, various travel restrictions and quarantine requirements remain in place. As the Hong Kong Judiciary recognises in the Guidance Note for Remote Hearings for Civil Business in the Civil Courts...more
Disputes often arise about the extent of a tenant’s obligations to reinstate the leased premises at the conclusion of the lease. Large sums of money can be involved....more
What happens when a Bank’s customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer have against the Bank?...more
Over the past decade, the rapid technological advancement has led to the emergence of the so-called “gig economy”. This term often refers to a market system whereby platform companies engage temporary or freelance workers to...more
First things first. What is “LawTech”?
“LawTech” is an increasingly common buzzword in the legal sector. The Law Society of England and Wales defines “LawTech” as “technologies that aim to support, supplement or replace...more
To enhance protection of personal data protection, the Hong Kong government currently is considering to raise the level of fines for offences under the Personal Data (Privacy) Ordinance and exploring the feasibility of...more
As the old saying holds, cash-flow is the life blood of the construction industry.
In 2021, Hong Kong looks set to join Singapore, Australia and other jurisdictions in implementing a Security of Payment regime to...more
On 24 February 2021, the Hong Kong Government introduced into the Legislative Council the Arbitration (Amendment) Bill 2021 (“Bill”), to implement the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards...more
It is not uncommon to start a correspondence with a “subject to contract” label. But what does this mean? What is its legal effect?...more