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
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
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
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
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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
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
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
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
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
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
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
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
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 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
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