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Contract Terms Arbitration Hong Kong

BCLP

HK Court Relies on Deemed Service Clause to Dismiss a Setting-aside Application to Enforce an Arbitral Award

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In CC v AC [2025] HKCFI 855 (Date of Decision: 27 February 2025), the Hong Kong Court of First Instance (“Court”) dismissed an application to set aside an order to enforce an arbitral award. The main basis of challenge...more

Morrison & Foerster LLP

HKIAC’s 2024 Statistics Demonstrate Continued Growth and Reinforce Hong Kong’s Position as a Leading Arbitration Hub

On February 20, 2025, the Hong Kong International Arbitration Centre (HKIAC) released its annual statistics for 2024. The numbers demonstrate steady growth and reinforce Hong Kong’s position as a leading centre for...more

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

BCLP

Smart Contracts and the Use of Arbitration to Resolve Related Disputes

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In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are digital contracts which...more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

BCLP

HK Government Responds to 19 June Letter From Legco in-house Lawyer Regarding the Security of Payment Bill

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Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the HK Government seeking to...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

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In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of...more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

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In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

BCLP

HK High Court Refuses Leave to Appeal Against Interim Measures

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In W v Contractor [2024] HKCFI 1452, the Hong Kong High Court dismissed an application for leave to appeal against the interim measures granted by an arbitrator to restrain an employer from calling on a bond in relation to a...more

Conyers

B2B, B2C, BVI – Crypto Disputes in the Caribbean

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In the crypto world, does it really matter where you are? Is there a sunny offshore paradise perspective on the click of a button and a fintech trade? The answer lies as usual in how to unravel a problem should it arise. Both...more

Latham & Watkins LLP

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

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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

Hogan Lovells

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

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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

BCLP

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until...

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Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely permissive? What is the effect of a proviso in an arbitration clause which...more

Hogan Lovells

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

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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

BCLP

Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses

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A dispute resolution clause specifies the process, usually by way of litigation or arbitration, through which parties wish to resolve a dispute between them. A dispute resolution clause must be drafted with essential clarity...more

BCLP

The relationship between cheques (and other bills of exchange) and arbitration clauses

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In T v W (HCA 366/2020, [2020] HKCFI 2918), the Hong Kong Court of First Instance considered the interesting question of whether a claim made on a dishonoured cheque was caught by and fell within the application of an...more

White & Case LLP

Compelling the performance of construction works

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Courts and arbitral tribunals in many jurisdictions have the power to order contractors to perform building works - to order "specific performance" of a construction contract.  But these powers are rarely exercised.  A recent...more

BCLP

Impact of arbitration clauses on insolvency proceedings: a retreat from the Lasmos Approach?

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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 disputed. ...more

Hogan Lovells

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

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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

Hogan Lovells

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

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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

Hogan Lovells

What's good for the goose – Hong Kong Court revisits iconic insolvency decision

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In a recent judgment, the Hong Kong Court reiterated the principles outlined in Kam Leung Sui Kwan v. Kam Kwan Lai [2015] 18 HKCFAR 501 (Yung Kee), the case concerning the famous roast goose restaurant in the heart of Hong...more

Hogan Lovells

A strong statement – Hong Kong court says arbitration agreement is "irrelevant" to the exercise of courts discretion in a...

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Another Hong Kong court decision has questioned whether the judgment in the leading case of Lasmos Limited v. Southwest Pacific Bauxite (HK) Limited [2018] HKCFI 426, may have gone too far when it suggested that an...more

Hogan Lovells

Hong Kong Law Contract Guide

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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

Hogan Lovells

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

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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

Hogan Lovells

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

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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

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