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Educational lesson – Hong Kong court stays just and equitable winding-up petition to arbitration

Student loan debt is a complex issue for both employees and employers. Employees must live with the overwhelming burden of paying off the loan in addition to paying personal expenses. However, employers who offer valuable...more

New year, more views – arbitration highlights in the Year of the Ox

As the world welcomes in the Year of the Ox, we take a look back at 10 recent decisions that made an impact in the past year. In the decisions, the courts considered fundamental issues such as when an arbitral award may be...more

Hong Kong Court refuses to grant an anti-suit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

Hong Kong Court refuses to grant an antisuit injunction to stay a winding-up petition where an arbitration agreement existed

The Hong Kong Court of First Instance has dismissed an application by a British Virgin Islands (BVI) company (C) for an interim anti-suit injunction against proceedings commenced by a Cayman Islands company (D) for the...more

COVID-19 and contractual force majeure: a simple checklist

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more

No pain, no gain – English court finds that interim payments under a joint venture contract should not be adjusted for cost...

Construction companies entering into joint venture (JV) contracts should be cautious of entering into agreements where the responsibility for, and timing of cost overruns is not tightly specified, to avoid unexpected...more

Hong Kong Law Contract Guide

Our team in Hong Kong recently developed a Hong Kong Law Contract Guide. The guide discusses relevant legal principles that inform the most common contractual clauses in Hong Kong. The guide offers practical points to...more

Back to basics - Hong Kong Court of Appeal queries approach to winding-up petitions where arbitration is involved

The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should generally take precedence over a creditor's right...more

A question of construction – Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract

The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly, with different jurisdictions taking different approaches to what counts as...more

'Easier to recognise than define' - English Court of Appeal considers "practical completion" for the first time in fifty years

The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" in an authoritative...more

Summary of principles from recent NEC cases

As a market leading construction team with extensive experience in the NEC suite, Hogan Lovells has prepared a summary of principles from recent case law on NEC that may impact upon the construction industry. ...more

Hong Kong: How do I draft my arbitration agreement for IP disputes?

In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual Property Right (“IPR”) disputes by arbitration....more

How do I draft my arbitration agreement to cater for the arbitration of IP disputes?

1. Arbitration (Amendment) Ordinance 2017 - 1.1 In our earlier article, we discussed the implications of the Arbitration (Amendment) Ordinance 2017 and the factors to consider when deciding whether to settle Intellectual...more

Automatic opt-in expires under Hong Kong Arbitration Ordinance

The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more

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