When seeking to enforce a judgment against a company, one part of the enforcement process is to compel the officers of the company to submit to formal questioning about the financial affairs of the company. But what to do if...more
A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more
On 21 January 2021, the Hong Kong International Arbitration Centre (“HKIAC”) announced its signing of the Green Pledge and support to the Campaign for Greener Arbitrations (the “Campaign”).
Environmental impacts of...more
The Labour Tribunal in Hong Kong has jurisdiction over a claim of money arising from the breach of a term of an employment contract. However, mixed claims founded in both contract and tort are excluded from the jurisdiction...more
While the Trump Administration ended with a continuing flurry of activity affecting U.S. sanctions and export controls, with several actions affecting parties in China and Hong Kong, the Biden Administration is taking a...more
Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach.
The case involved...more
In X v Y (HCCT 62/2018) [2020] HKCFI 2782 (Date of Decision: 5 November 2020), the Hong Kong Court of First Instance (the Court) set aside an order to enforce an arbitration award on the basis (i) that the tribunal’s findings...more
On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong...more
The recent case of A v D (HCCT 52/2020) reinforces the pro-arbitration and pro-enforcement approach of Hong Kong courts.
Under Article 34 (3) of the Model Law (adopted by section 81 of the Arbitration Ordinance...more
In T v W (HCA 366/2020, [2020] HKCFI 2918), the Hong Kong Court of First Instance considered the interesting question of whether a claim made on a dishonoured cheque was caught by and fell within the application of an...more
We all have had to arrange clients to sign the required “statement of truth” concerning the contents of pleadings in court proceedings. Some arbitrators are directing similar signed statements on statements of case and...more
Following our recent Client Alert published in October 2020 on the release of the Section 5(a) Report under the Hong Kong Autonomy Act of 2020 (“HKAA”), there have now been some further updates in relation to U.S. sanctions...more
12/18/2020
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Trump Administration
Under the Competition Ordinance, the Hong Kong Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose a disqualification order prohibiting a person from being a director,...more
The recent U.K. judgment Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 2484 (TCC) provides some useful practical insights into the court’s approach to handling timesheet evidence and examining...more
A recent Hong Kong judgment where the court made an adverse costs order against a party who unreasonably has refused to engage in mediation. This article discusses about the implications of this judgment, in particular on...more
In October 2020, China unveiled its draft law on personal data protection. Once promulgated, this law is going to be the first comprehensive set of PRC laws on personal data protection. The draft law comes with provisions for...more
This year’s Policy Address was delivered today (25th November 2020) amidst the backdrop of a changing and dynamic environment. The Chief Executive (“CE”) has set out a variety of key initiatives to address the city’s land and...more
In HKSAR v Gammon Construction Limited (HCMA 97/2019) [2020] HKCA 752 (Date of Judgment: 7 September 2020), the Hong Kong Court of Appeal (the “Court”) dismissed a magistracy appeal against the conviction of a principal...more
On 12 September 2020, the Singapore International Mediation Centre (“SIMC”) and the Japan International Mediation Center (“JIMC”) signed a Memorandum of Understanding on the operation of a joint protocol (the “Protocol”)...more
In 1955 Capital Fund I GP LLC & another v Global Industrial Investment Limited [2020] HKCFI 956, the court set aside an ex parte order for the enforcement of an arbitral award on the grounds of material non-disclosure by the...more
The Hong Kong Government currently is reviewing and putting forward possible amendments to the Personal Data (Privacy) Ordinance (“PDPO”) with a view to strengthening the protection for personal data. One of the amendments...more
A recent English judgment discussed whether communications with an in-house counsel or with external foreign lawyers are protected by legal advice privilege, including whether the type and seniority of qualification of the...more
The Hong Kong Government currently is reviewing and putting forward possible amendments to the Personal Data (Privacy) Ordinance (“PDPO”) with a view to strengthening the protection for personal data. Multiple areas of the...more
In Competition Commission v Kam Kwong Engineering Company Ltd & others [2020] HKCT 3, the Competition Tribunal (the “Tribunal”) adopted the Carecraft procedure for disposing of enforcement proceedings against respondents who...more
The Competition and Consumer Commission of Singapore published the Guidelines on Price Transparency (the “Guidelines”) on 7 September 2020. This Guidelines aim to provide greater clarity and guidance to businesses on the...more