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Implied duty of mutual trust and confidence and employers’ right to terminate

Hong Kong - December 7 2021 In Hong Kong, an implied duty of mutual trust and confidence (“Duty”) exists between an employer and an employee. This duty requires that an employer…

Glenn Haley

Interpretation of Arbitration Clauses: Does “may” arbitrate actually mean you “must” arbitrate? Are “no arbitration until completion/termination” clauses valid?

Hong Kong - September 16 2021 Where an arbitration clause provides that parties “may” submit their disputes to arbitration, does this mean that arbitration is mandatory or merely…

Glenn Haley

Minor irregularity in party name not a valid ground to set aside an arbitral award

Hong Kong - August 26 2021 It sometimes happens that there is an irregularity or mistake in the way in which a party is named in the formal arbitration papers. Will such an…

Glenn Haley

HK Court of Appeal confirmed modern test on penalties in the employment context

Hong Kong - August 17 2021 In the recent important decision of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873, the Hong Kong Court of Appeal adopted…

Glenn Haley

Timberbrook v Grant Leisure: staged payments, variations and termination clause

United Kingdom - August 10 2021 The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was…

Glenn Haley