In SC v OE1 (HCCT48/2019) [2020] HKCFI 2065 and OE1 v SC (HCCT66/2019) [2020] HKCFI 2065 (Date of Decision: 24 August 2020), the Hong Kong Court of First Instance (the “Court”) dismissed an application to set aside an...more
HKIAC recently published information regarding the processing of applications under the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland...more
The Ministry of Law of Singapore (the “MinLaw”) tabled and introduced the International Arbitration (Amendment) Bill (the “Bill”) for first reading in the Parliament of Singapore on 1 September 2020.
The Bill proposes...more
In the case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019) (Date of Judgment: 6 August 2020), the Hong Kong Court of Appeal (the “Court”) considered (i) the employee’s entitlement to a guaranteed bonus...more
Two recent Hong Kong judgments demonstrate the continuing (and welcome) embrace of technology by Hong Kong courts.
In the recent decision of Hwang Joon Sang & another v Golden Electronics Inc. and Ors [2020] HKCFI 1084,...more
Recent Hong Kong cases have highlighted varying approaches regarding the impact of arbitration clauses on insolvency proceedings, in particular, on the Court’s discretion to make a winding-up order where a debt is...more
The Hong Kong-Macao Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Cases (the Arrangement) came into force on 1 August 2020. The Arrangement provides a formal mechanism governing service in Macao...more
The Court Proceedings (Electronic Technology) Bill (the “Bill”) made its way through the second and third reading on 17 July 2020, being the last bill passed by LegCo before it was released for summer recess.
One of the...more
On 13 May 2020, the Competition Commission of Hong Kong (the Commission) accepted commitments from three hotel booking platforms (known as online travel agents or OTAs) to remove parity clauses relating to room prices,...more
The Hong Kong Department of Justice has officially launched the COVID-19 Online Dispute Resolution (‘ODR’) Scheme on 29 June 2020.
As previously introduced in our article, the Scheme aims to support individuals /...more
On 29 June 2020, the HKSAR Government launched a Pilot Scheme on Facilitation for Persons Participating in Arbitral Proceedings in Hong Kong (“the Scheme”). The Scheme facilitates short-term entry into Hong Kong of eligible...more
This case note examines a recent Hong Kong Court of First Instance (“CFI”) case, Industrial and Commercial Bank of China (Asia) Limited v Wisdom Top International Limited [2020] HKCFI 322. The case gives a cautionary note on...more
The remote hearing arrangement and its recent expansion -
The recent COVID-19 pandemic and the General Adjourned Period encouraged the Hong Kong Courts to explore and expand the use of technology to conduct hearings. The...more
On 9 July 2020, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2019 (the Bill). The Bill introduces amendments to the Employment Ordinance (Cap 57) to extend the statutory maternity leave (ML) by...more
The Discrimination Legislation (Miscellaneous Amendments) Ordinance (“Ordinance) has been gazetted on 19 June 2020 and took immediate effect from 20 June 2020. The Ordinance introduced amendments to the Sex Discrimination...more
The court recently considered the without prejudice privilege rule in the context of a family dispute in Poon Loi Tak v Poon Loi Cheung Desmond [2019] HKCFI 3003 and reconfirmed Hong Kong’s position on the inadmissibility of...more
Hong Kong has taken a further step towards establishing itself as a leading fund formation jurisdiction with the passing of the Limited Partnership Fund Ordinance which is expected to become effective on 31 August 2020, to...more
The recent case of PBS Energo A.S v Bester Generacion UK Ltd [2020] EWHC 223 (TCC) provides a reminder of the care parties need to take when deciding to terminate a contract. It also provides some interesting commentary on...more
Under the Competition Ordinance, the Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose pecuniary penalties on persons, companies or organisations who have contravened a...more
During the COVID-19 outbreak, in order to reduce potential transmission of the virus, many companies, either voluntarily or in compliance with relevant governmental regulations, adopt a work-from-home policy and cancel...more
Dissatisfied with an arbitral award? Think twice before you seek to mount a court challenge against an arbitrator’s award in Hong Kong. Hong Kong prides itself as being a pro-arbitration and pro-enforcement jurisdiction....more
Like many other jurisdictions, Hong Kong is taking a proactive approach to dealing with the economic and business consequences of the COVID-19 pandemic.
In an article posted on her blog on 13 April 2020, the Secretary for...more
In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 2983, the Hong Kong Court of First Instance granted a permanent anti-suit injunction against the defendant which had commenced proceedings against the plaintiffs in...more
In the case of X v Jemmy Chien (also known as Chien, Ching Yu) HCCT 31/2019 [2020] HKCFI 286, the Hong Kong Court of First Instance rejected the plaintiff’s application to set aside an arbitral award. The plaintiff’s...more
As COVID-19 cases continue to span the globe, a significant economic impact is being felt globally. Businesses have been disrupted, cash flows have been interrupted and economies have been thrown into a huge negative shock....more