An important international convention, which promises to free up trade between Hong Kong and some of its most important trading partners, comes into force on 1 December 2022. Businesses who enter into international...more
A French court decision in the case of Kabab-Ji v Kout Food issued on 28 September 2022 by France's highest court brings into particularly sharp focus the different approaches by the French and English courts in deciding the...more
The Hong Kong Court of Appeal (Poon CHJC, Barma, and Au JJA) has imposed upon a statutory corporation an obligation to consider whether it should take measures to enforce a lease against a tenant, following an application by...more
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
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 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
As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more
7/7/2020
/ Breach of Contract ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Coronavirus/COVID-19 ,
Delays ,
Dispute Resolution ,
FIDIC Contracts ,
Force Majeure Clause ,
Insolvency ,
Risk Mitigation ,
Supply Chain ,
UK ,
UK Supreme Court
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
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
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
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
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
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
The automatic opt-in applicable to domestic arbitration provisions under the Arbitration Ordinance (Cap. 609) is set to expire on 1 June 2017. ...more