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24 Results

Horace Pang
Insights
Sep 21, 2022

Hong Kong Court of Appeal decision on cartel fines imposed on entities within the same undertaking

Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for…
Insights
Aug 02, 2022

Hong Kong court provided guidance on the approach to granting Mareva injunctions in support of enforcement proceedings for arbitral awards

Hong Kong court continued the validity of a Mareva injunction granted in connection with the enforcement proceedings of a CIETAC award, and dismissed an application for security or fortification in…
Insights
Jul 29, 2022

Hong Kong court rules that it has no power to extend the time to challenge an arbitral award under Article 34 of the UNCITRAL Model Law

In AW and others v PY and another [2022] HKCFI 1397 (judgment date: 13 May 2022), a Hong Kong court held that it has no power to extend the time to challenge an arbitral award under Article 34 of the…
Insights
Apr 04, 2022

Risks of having an overly helpful tribunal - arbitral award set aside by a Hong Kong court for containing decisions on matters beyond the scope of the submission to the arbitration

In Arjowiggins HKK2 Ltd v X Co [2022] HKCFI 128, after dismissing the claims and declining to grant the pleaded remedy, the tribunal invited submissions from the parties on an alternative remedy and…
Insights
Mar 29, 2022

Pleading claims by sampling and extrapolation: recent guidance given by the UK Court of Appeal

Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes. The exercise involves identifying and examining a properly representative set…
Insights
Feb 15, 2022

Recent case where a Hong Kong court set aside an arbitral award - 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407

In 廣東順德展煒商貿有限公司 v Sun Fung Timber Company Limited [2021] HKCFI 2407, a Hong Kong court set aside an enforcement order in respect of an arbitral award, after finding that the shareholder-director of…
Insights
Feb 14, 2022

Recent decision by the Hong Kong Court of Appeal on the threshold for resisting a winding-up petition based on a debt owed under an arbitral award

It is well-established in Hong Kong that the test for determining the validity of an opposition to a winding-up petition is whether the petition debt is disputed in good faith on substantial grounds.…
Insights
Feb 09, 2022

Hong Kong court rules that non-compliance with pre-arbitration conditions goes to admissibility, not jurisdiction

In the anonymised case of T v B [2021] HKCFI 3645, the High Court of Hong Kong ruled that a challenge concerning the non-compliance with a condition precedent for commencing arbitration (“pre…
Insights
Jan 06, 2022

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong judgments - Part Two

On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule…
Insights
Jan 05, 2022

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong judgments - Part One

On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a…
Insights
Oct 15, 2021

The new security of payment regime in Hong Kong – key issues to consider before its implementation

With the Hong Kong Development Bureau’s (DevB) contractual security of payment regime coming into effect from 31 December 2021 (the SOP regime), we now examine some important challenges which facing…
Insights
Oct 12, 2021

Security of payment circular issued by the Development Bureau of Hong Kong – to take effect from 31 December 2021

On 5 October 2021, the Development Bureau (DevB) published the Technical Circular (Works) No.6/2021 for the implementation of security of payment provisions in public work contracts (Circular).The…
Insights
Oct 07, 2021

Split dispute resolution clauses: a recent example

In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution…
Insights
Oct 06, 2021

Conflicting awards in parallel arbitral proceedings

In W v AW [2021] HKCFI 1707 (date of decision: 17 June 2021), a case described by the court as “highly unusual”, an arbitral award was held to be manifestly invalid.The award in question contained…
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