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Tanner De Witt | Hong Kong | 20 Sep 2023
Hong Kong court upholds a jurisdictional challenge to an arbitral award based on newly introduced evidence of market manipulation
In an important recent decision, the Hong Kong Court of First Instance upheld a jurisdictional challenge to an arbitral award in R v A, B and C…
Tanner De Witt | Global, Hong Kong | 18 Sep 2023
The Global Legal Post: Commercial Litigation and Cross-border Enforcement in Hong Kong
The Basic Law of Hong Kong (HKBL) is the constitutional document upon which the Special Administrative Region is founded. Section 4 of the HKBL…
RPC | Hong Kong | 12 Sep 2023
Court considers security for plaintiff's costs as condition for defendant's permission to defend
In Ma v Chu, the Court of First Instance of the High Court held that it had jurisdiction to order that the defendant pay a sum into court as security for the plaintiff's costs when giving conditional permission to defend on an application for summary judgment. This appears to have been the first time that a Hong Kong court has fully considered whether it had jurisdiction to order security for......
Tanner De Witt | Hong Kong | 11 Sep 2023
Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings
What difference can a “t” make? Apparently, a lot. In a Hong Kong Arbitration Society arbitration, the Claimant served its Notice of Arbitration…
Tanner De Witt | Hong Kong | 10 Sep 2023
Notice-ably Wrong：仲裁程序中适当通知的重要性
一个字母「t」能有多大的影响？ 显然，很多。 在一个香港仲裁公会的仲裁中，申请人( 申索人?)向被申请人送达仲裁通知书时，使用 [email protected]…
Reed Smith LLP | Hong Kong | 6 Sep 2023
Hong Kong court refuses award enforcement for invalid service of notice of arbitration
On 23 August 2023, the Hong Kong court issued a decision in G v. P [2023] HKCFI 2173 (per the Hon. Mimmie Chan J), where the court refused to enforce…
Tanner De Witt | Hong Kong | 5 Sep 2023
Court of Final Appeal: Government must provide alternative means of recognising same-sex partnership
On 5 September 2023, the Court of Final Appeal in Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28 ruled that the absence of alternative means of…
Tanner De Witt | Hong Kong | 23 Aug 2023
Stay of Play: Winding-Up v. Arbitration (Again)
The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public…
RPC | Hong Kong | 15 Aug 2023
Liquidators' communications with experts privileged from production
In a recent and interesting case, Liquidators of China Medical Technologies Inc & Ors v Wu, Tsang & Ors, the Court of First Instance of the High Court dismissed the second defendant's application for production by the plaintiff liquidators of their written communications with six experts regarding investigations into certain assets of the plaintiff company. In doing so, the Court upheld the......
Deacons | China, Hong Kong | 1 Aug 2023
When will the court grant an anti-arbitration injunction?
In 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. Eton Properties Ltd and Another, [2023] HKCFI 1327, the Hong Kong court granted the Plaintiff an…
