Latest News Case Highlights

New Security of Payment Provisions in Hong Kong Public Works Contracts:  Binding effect of interim account adjudication decisions on final account assessments

14 September 2022

This is the second article in the series on the contractual Security of Payment (“SOP”) scheme in Hong Kong under the Technical Circular (Works) No. 6/2021 (the “Circular”) issued... Click here to read more

Decoding Hong Kong’s Unique Construction Payments Adjudication Scheme

09 September 2022

In construction disputes, time is of the essence.  Stable and clear legal frameworks are essential for complex construction projects to be undertaken smoothly, and for any disputes that arise to be... Click here to read more

Effect of Exclusive Jurisdiction Clauses in Insolvency Proceedings: Re Guy Kwok-hung Lam [2022] HKCA 1297

09 September 2022

Where a creditor’s bankruptcy petition is presented in Hong Kong, should it be allowed to proceed if the petition debt, which the debtor disputes, arises from an agreement which contains an exclusive... Click here to read more

Exhaustion of Rights and Liability for Joint Tort - the Hazards of E-Commerce Platforms

01 August 2022

With the pandemic hitting hard, online shopping has become the new normal.  Goods and services become more “fluid” and transactions become less territorial. In a recent case of Mary Kay... Click here to read more

The Court of Appeal gives an authoritative interpretation of BMO (Cap. 344)  s.45(3) in Hung Wai Building (IO) v Sunny Elegant Ltd & Others [2022] HKCA 426; [2022] 2 HKLRD 249; [2022] 3 HKC 510

11 July 2022

Brief Facts    A was the incorporated owners of a building (the “Building”), which comprised a commercial podium with shops on the ground floor and office units... Click here to read more

In determining the COMI, “a hospital bed, or a crypt, does not count” – per Aedit Abdullah J in Re Tantleff Alan [2022] SGHC 147 (24 June 2022)

05 July 2022

In this article, Jose Maurellet SC and Michael Lok consider a recent judgment by Aedit Abdullah J of the Singapore High Court exploring issues arising out of the Model Law, including how and when the presumptive... Click here to read more

Even pariahs have rights

09 June 2022

The rule of law and fundamental principles of justice and fairness are the cornerstone of the success of Hong Kong.  They are meant to apply equally to everyone regardless of its background. In the... Click here to read more

Do findings in an arbitral award bind a non-party to the arbitration in subsequent court proceedings? An English restatement in PJSC NBT v Mints [2022] EWHC 871

06 June 2022

In PJSC National Bank Trust v Mints [2022] EWHC 871 (11 April 2022), Foxton J addressed a novel issue concerning the application of issue estoppel to a non-party in a prior arbitration proceedings. The... Click here to read more

Hong Kong Court of Appeal Confirms Joint and Several Liability Applies for Answering Penalty Amongst Entities Making Up the Same Undertaking - [2022] HKCA 786

06 June 2022

On 2 June 2022, the Hong Kong Court of Appeal handed down the first appeal on penalties for contravention of the First Conduct Rule (the “FCR”) in CTEA 2/2017 (the “W. Hing No. 3”)... Click here to read more

Spark of genius: human vs machine

02 June 2022

This article was authored by CW Ling   There's something big quietly happening here…. Whether you know it or not, our daily lives are now supported by the use of artificial intelligence... Click here to read more