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Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

Hong Kong Court Compels Disclosure in Novel Crypto Case Involving DAO

The case involves substantive litigation that could yield important legal principles for the treatment of decentralised projects. Decentralised autonomous organisations (DAO) are unique structures that operate...more

HKIAC’s 2024 Administered Arbitration Rules Come Into Force

The 2024 Rules significantly improve Hong Kong’s arbitration framework, aiming to increase the efficiency of proceedings and clarify the tribunal’s powers. The Hong Kong International Arbitration Centre’s (HKIAC’s) newly...more

Hong Kong CFI Jury Convicts Three Individuals in Its First Market Manipulation Case

The first-ever SFO offence to be tried by a jury in the CFI emphasises the SFC’s commitment to prosecuting market misconduct through various enforcement powers. The Hong Kong Court of First Instance (CFI) has convicted...more

SEHK Suspends Trading in Hong Kong Listed Company Pursuant to SFC’s Directions

The SFC exercises its powers to order the suspension of trading in shares in a listed company to protect investors’ interests. On 15 April 2024, The Stock Exchange of Hong Kong Limited (SEHK) suspended trading in the...more

Hong Kong Court Resolves Conflicting Authority on Trust Claims

This resolution is important for contractors’ rights to retention monies in construction contracts. The Hong Kong Court of First Instance (CFI) held in a recent judgment that, whilst the absence of segregation is not...more

Case Update: Hong Kong Arbitral Tribunal’s Jurisdiction to Determine Disputes in Related Contracts

An arbitral tribunal lacks jurisdiction to determine claims raised under related agreements containing different dispute resolution clauses. The Hong Kong Court of First Instance (Court) held in a recent judgment that an...more

HKEx and SFC Cooperate in Enforcement Action Against Former Directors of Listed Company

This latest example of strategic coordination between Hong Kong regulators confirms a broader regulatory mission and shared objectives. On 5 March 2024, the Hong Kong Stock Exchange (HKEx) issued a Statement of...more

Case Update: Hong Kong Regulator’s Right to Enforce Against Foreign Defendants

Hong Kong’s highest court confirms that its financial markets regulator may serve proceedings on foreign defendants for restoration orders as of right. The Hong Kong Court of Final Appeal (CFA) held in a recent judgment...more

PRC’s New Foreign State Law Marks Shift From Absolute to Restrictive State Immunity

Foreign states are no longer immune from suit or execution in the PRC (including Hong Kong and Macau) in respect of their commercial activities. The Standing Committee of the National People’s Congress (NPCSC) has passed...more

Hong Kong and BVI Courts Differ on Whether Noteholders Have Standing to Petition for Winding-Up

The Hong Kong Court confirmed that noteholders with beneficial interest in global notes do not have standing to present winding-up petitions against issuers. Meanwhile, the BVI Court reached the opposite conclusion in a...more

Hong Kong Court Orders Winding-Up of Company Despite Parties’ Arbitration Agreement

A recent ruling shows that an arbitration agreement alone is not necessarily a complete defence to a Hong Kong winding-up petition. The Hong Kong Companies Court recently issued a winding-up order against a debtor company,...more

Hong Kong Court of Final Appeal Rules on Exclusive Jurisdiction Clauses in Insolvency

A bankruptcy petition should not proceed if the debt is disputed and subject to an exclusive jurisdiction clause in favour of a foreign court. The Hong Kong Court of Final Appeal (CFA) has ruled that if a bankruptcy...more

Hong Kong Court Confirms the Proprietary Nature of Cryptocurrencies but Denies Clients’ Proprietary Claims

This is the first decision by the Hong Kong Court on whether clients of a crypto exchange have proprietary claims to cryptocurrencies held on the platform. It confirms that cryptocurrency constitutes property under Hong Kong...more

Hong Kong Court Sets Aside Arbitral Awards Under Exceptional Circumstances

Two recent decisions illustrate what constitutes exceptional circumstances justifying the rare intervention of Hong Kong courts in arbitration matters. Hong Kong is internationally renowned as a pro-arbitration...more

New Law to Expand Reciprocal Recognition and Enforcement of Civil Judgments Between Mainland and Hong Kong

The new law is expected to overcome jurisdictional barriers and better promote business interactions in Mainland China and Hong Kong. Key Points: ..Hong Kong recently passed a new law to enact a January 2019...more

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