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Hong Kong Jurisdiction

BCLP

HK Court Grants Worldwide Mareva and Appoints Interim Receivers in Aid of Enforcing Arbitral Awards

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In 周惠明 v 挪信新能源科技 ( 南通 ) 有限公司 [2025] HKCFI 1503h, the Hong Kong Court of First Instance ordered (a) that worldwide Mareva injunctions be continued, and (b) that interim receivers be appointed over the assets of the respondent...more

Seyfarth Shaw LLP

Managing cross border sexual harassment investigations in Australia and Asia––10 key considerations for employers (Part 1)

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Seyfarth recently hosted a webinar entitled ‘Managing Cross-Border Sexual Harassment Investigations in Australia and Asia’, addressing the practical considerations that employers should be aware of when investigating...more

BCLP

Hong Kong Court Makes Security for Costs Order Against Mainland Parties With No Assets in Hong Kong

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In Y and Another v GI and Another [2025] HKCFI 1317[1], the Hong Kong Court of First Instance (“Court”) allowed the defendant’s application for security for costs against the plaintiffs in respect of the plaintiffs’...more

Skadden, Arps, Slate, Meagher & Flom LLP

Seating an Arbitration in Hong Kong or Singapore: Considering a Decades-Old Conundrum in 2025

The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more

Conyers

Why Set Up a Tokenised Investment Fund with an Approved Manager in the BVI?

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Setting up a tokenized investment fund with an approved manager in the British Virgin Islands (BVI) offers many strategic advantages by combining the innovative benefits of blockchain technology with cost-effectiveness and...more

Latham & Watkins LLP

Cross-border Dialogue Between Hong Kong And Mainland China on Insolvency Law

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In January 2025 in Beijing, a delegation of INSOL members led by Andrew Koo (INSOL Fellow) and John Lees (INSOL Past President) together with Hong Kong barrister Michael Lok, Alexander Tang (INSOL Fellow), and Howard Lam...more

Carlton Fields

Fourth Circuit Upholds Confirmation of Hong Kong Arbitration Award

Carlton Fields on

The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

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Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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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

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

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In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

BCLP

HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge

BCLP on

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

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

BCLP on

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

Latham & Watkins LLP

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

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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

Mayer Brown

Charting the Path: Major Developments in Hong Kong Arbitration Law in 2023

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In this review, we reflect on significant developments in the field of arbitration in Hong Kong over the past year. Key developments in 2023 included: 1. Multi-tiered dispute resolution clause – compliance with...more

Mayer Brown

Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023

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Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding...more

Mayer Brown

Unravelling the Legal Landscape: Key Highlights of Company Litigation Developments in Hong Kong in 2023

Mayer Brown on

Here we present a concise summary of significant cases and developments in company litigation in Hong Kong in 2023. Highlights include: 1. Subject company's participation in unfair prejudice proceedings: The Court once...more

Skadden, Arps, Slate, Meagher & Flom LLP

JPEX Is Test Case for Hong Kong’s New Regulatory Regime for Virtual Asset Exchanges

Hong Kong regulators recently brought criminal enforcement actions against virtual asset trading platform JPEX and individuals associated with the platform. This case has become the first opportunity for local authorities to...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

Conyers

Locality of a Debt

Conyers on

For businesses that are family-owned and run in jurisdictions such as Hong Kong, Mainland China and Taiwan, it is common for beneficial ownership and control of the business enterprise to be vested in the shareholders of a...more

Hogan Lovells

A fresh start - Hong Kong court decides tribunal had no jurisdiction to join additional party

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The Hong Kong court has ruled that a tribunal had no jurisdiction over a third party that had been joined as an additional party to an HKIAC arbitration. The court in R v A [2023] HKCFI 2034 ordered that a summons issued by...more

Latham & Watkins LLP

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

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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

Morrison & Foerster LLP

Hong Kong Court Confirms That the Governing Law of the Underlying Contract Will Apply Where the Dispute Resolution Clause Is...

In the recent decision of China Railway (Hong Kong) Holdings Limited v Chung Kin Holdings Company Limited [2023] HKCFI 132, the Hong Kong Court of First Instance (the CFI) followed the landmark English Supreme Court decision...more

Latham & Watkins LLP

Hong Kong Court Sets Aside Arbitral Awards Under Exceptional Circumstances

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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

A&O Shearman

Hong Kong Court Applies Enka v Chubb in Determining the Governing Law of Dispute Resolution Clause

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The Court of First Instance in Hong Kong has adopted the English law principles for determining the governing law of dispute resolution clauses, such as arbitration clauses, in a recent judgment (China Railway v Chung Kin...more

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