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Horace Pang
Insights
Sep 21, 2022
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
Aug 02, 2022
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
Jul 29, 2022
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
Apr 04, 2022
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
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
Feb 15, 2022
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
Feb 14, 2022
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
Feb 09, 2022
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
Jan 06, 2022
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
Jan 05, 2022
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
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
Oct 12, 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
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
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…
Insights
Apr 21, 2021
Apr 21, 2021
Security of Payment in Hong Kong – pilot programme for public works contracts
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