A wide-ranging mechanism allowing for reciprocal enforcement of judgments in mainland China and Hong Kong has come one stage closer with the gazetting on 4 November 2022 of the Mainland Judgments in Civil and Commercial...more
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
香港原讼法庭连续两次在裁决中驳回撤销仲裁裁决时限延迟申请，在其中一案中暗示，“为整体司法利益起见”，有必要制定法律在此方面给予法院更多自由裁量权。...more
The Hong Kong Court of Appeal has confirmed that arguments over "escalation clauses" – multi tiered dispute resolution provisions which require negotiation or mediation before formal proceedings can be commenced – should be...more
In Lin Chin Hsiung v Lin Hsiu Fen [2022] HKCFI 1270, the Honourable Madam Justice Mimmie Chan dismissed the respondent's application to set aside an enforcement order to enforce an arbitral award issued by the Shanghai...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
A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more
The Hong Kong Government has published a new bill, which when enacted, will allow a flexible regime for outcome-related fees in arbitration. This legislation, compliments the existing regime for third party funding,...more
The Hong Kong Court of Appeal has refused to stay to arbitration a court action brought on a dishonoured cheque because of an arbitration clause in the underlying loan agreement between the parties. The court noted there...more
The Hong Kong Court of First Instance has set aside an arbitral award ruling that the award was beyond the scope of what the parties pleaded in the arbitration. The court clarified that the courts will not hesitate to set...more
The Hong Kong Court of First Instance has adjourned enforcement proceedings of a Netherlands Arbitration Institute award pending determination by the Dutch court on the application to set aside the award, but refused to order...more
As the world welcomes in the Year of the Tiger, we look back at seven recent decisions that made an impact in the past year. In the decisions, the Hong Kong courts grappled with issues such as when winding-up petitions can be...more
In a significant decision, a Hong Kong court has set aside an earlier ex parte court order granting leave to enforce an arbitral award made by a PRC arbitral body in the sum of RMB 59 million (HK$72 million). The judge...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
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
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
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
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