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
3/16/2021
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Boilerplate Language ,
Business Disputes ,
Contract Terms ,
Forgery ,
Hong Kong ,
Impartiality ,
International Arbitration
The NSL came into force in Hong Kong on 1 July 2020. -
Some observers have expressed concern that the law will threaten Hong Kong's status as an international dispute resolution center. Of particular concern is the...more
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
8/21/2020
/ Anti-Suit Injunctions ,
Arbitration ,
Arbitration Agreements ,
British Virgin Islands ,
Cayman Islands ,
Contract Terms ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
Purchase Agreement ,
Share Buybacks ,
Winding Up Petitions
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
8/18/2020
/ Anti-Suit Injunctions ,
Arbitration ,
Arbitration Agreements ,
British Virgin Islands ,
Cayman Islands ,
Contract Terms ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
Purchase Agreement ,
Share Buybacks ,
Winding Up Petitions
As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England.
...more
3/5/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Business Disputes ,
Business Litigation ,
Forum Selection ,
Franchise Agreements ,
Hong Kong ,
Injunctions ,
International Arbitration ,
Jurisdiction ,
Singapore ,
Statute of Limitations
The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more
11/18/2019
/ Arbitration ,
Business Litigation ,
China ,
Foreign Jurisdictions ,
Free Trade Zone ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Investment Disputes
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
11/13/2019
/ Arbitration ,
Consent ,
Contract Drafting ,
Contract Formation ,
Contract Termination ,
Contract Terms ,
Damages ,
Hong Kong ,
Jurisdiction ,
Legal Project Management ,
Legal Representatives ,
Limitation of Liability Clause ,
Privity of Contract ,
Representations and Warranties ,
Waiver of Liability
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
According to an announcement made on the People's Court Daily, the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong...more
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
In one of its first major rulings, Hong Kong's Competition Tribunal (the "Tribunal") has ruled against 10 decorating contractors for serious anti-competitive conduct as set out in the Competition Ordinance (the "Ordinance")...more
Hong Kong and Australia have signed a wide-ranging free trade agreement in a variety of areas including trade in goods and services, government procurement, construction, communications, and intellectual property....more
Hong Kong becomes the first and only jurisdiction outside the Mainland where the Mainland courts can grant interim measures in aid of a foreign arbitration if administered by an institution....more
The Hong Kong International Arbitration Centre (HKIAC) announced on 18 October 2018 that it updated its Administered Arbitration Rules, which had entered into effect on 1 November 2018.
...more
Hogan Lovells hosted an event on 30 October 2018, at its Hong Kong office, as part of the Hong Kong Arbitration Week, titled “Making Arbitration Fit for the Future”....more
While traditionally resolved through litigation, parties are now increasingly referring their disputes concerning an intellectual property right (IPR) to arbitration, especially in cases where there is a cross border element....more
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
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
In Astro Nusantara International B.V. and Others v. PT First Media TBK [2018] HKCFA 12; FACV 14/2017 (11 April 2018), Hong Kong’s highest court the Court of Final Appeal (“CFA“) handed down its decision on 11 April 2018 in a...more
On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. ...more
The Hong Kong High Court has appointed receivers over shares in a Hong Kong company as an interim measure to preserve the status quo and the value of the shares, pending the outcome of CIETAC arbitration proceedings in...more
7/25/2017
/ Arbitration ,
China ,
CIETAC ,
Foreign Jurisdictions ,
Hong Kong ,
Interim Remedies ,
Preferred Shares ,
Receivership ,
Share Purchase Agreements ,
Stock Ownership ,
Voting Rights
The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more