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170 Results

International Arbitration
Insights
Jul 31, 2025

HK Court refuses borrower’s challenge to enforcement of arbitral award in favour of moneylender

In CCC v AAC [2025] HKCFI 2987[1], Sir William Blair[2], sitting as Deputy High Court Judge in the Hong Kong Court of First Instance (“Court”), rejected a borrower’s challenge to the enforcement of an…
Insights
Jul 25, 2025

Legal Privilege – the King has been advised – the Shareholder Rule no longer applies under English Law

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law. “The…
Insights
Jul 22, 2025

HK Security of Payment Ordinance – new rules regarding setting aside and enforcement of adjudication determinations

On 11 July 2025, the Hong Kong Government gazetted the Construction Industry Security of Payment Rules (“Rules”)[1]. The Rules, made by the Chief Judge of the High Court under section 50 of the…
Insights
Jul 16, 2025

HK court confirms jurisdiction of arbitral tribunal in Cayman-related dispute

In PI 1 and PI 2 v MR [1], the Hong Kong Court of First Instance (“Court”) dismissed the plaintiffs’ application to set aside an arbitral tribunal’s decision that it did have jurisdiction to hear a…
Insights
May 19, 2025

Is challenging a judgment allegedly procured by a previously known fraud an abuse of process and vexatious?

“Once a judgment is tainted by deceit it is fatally flawed” (Park v CNH Industrial Capital Europe Limited). But can an application to set aside a default judgment allegedly procured by fraud, itself…
Insights
May 13, 2025

Fake legal authorities – AI hallucination or professional negligence?

Artificial intelligence (“AI”) has the potential to make significant changes to various aspects of the practice of law. It is possible that many lawyers will incorporate AI in doing legal work, one…
Insights
Apr 29, 2025

Does “back to back” mean “pay when paid” in construction contracts?

In Sze Fung Engineering Limited v Trevi Construction Company Limited [2025] HKCA 278[1], the Hong Kong Court of Appeal (“CA”) ruled that the “back to back” wording in that case was not a “pay when…
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