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149 Results

International Arbitration
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…
Insights
Apr 28, 2025

Hong Kong Court makes security for costs order against Mainland parties with no assets in Hong Kong

In Y and Another v GI and Another [2025] HKCFI 1317[1], the Hong Kong Court of First Instance (“Court”) allowed the defendant’s application for security for costs against the plaintiffs in respect of…
Insights
Apr 03, 2025

AI in IA

Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language…
Insights
Mar 07, 2025

“Dividing Line” in Public Policy – Insolvency and Arbitration

A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement…
Insights
Mar 06, 2025

Getting the ball rolling: sports disputes resolution in Hong Kong SAR

These are exciting times for sports in Hong Kong. With the Hong Kong team’s success at the 2024 Paris Summer Olympics and Summer Paralympics, the opening of the Kai Tak Sports Park and the…
Insights
Mar 03, 2025

DIFC-LCIA Arbitration Clauses: Are they enforceable?

The US Court of Appeals for the Fifth Circuit has recently upheld the enforceability of a DIFC-LCIA arbitration clause, notwithstanding the fact that the DIFC-LCIA no longer exists.   The decision…
Insights
Feb 25, 2025

The Arbitration Act 2025: State of the Art or a Missed Opportunity?

The Arbitration Act 2025 has become law in England, Wales and Northern Ireland.  The new Act is largely based on the recommendations made in the Law Commission’s Final Report, published following a…
Insights
Sep 27, 2024

Smart contracts and the use of arbitration to resolve related disputes

In recent years, technology advancement has introduced new methods for contract formation. In particular, the rise of blockchain technology has led to the emergence of “smart contracts”, which are…
Insights
Sep 24, 2024

HK Court rejects “Arbitral Confidentiality” Argument in Parallel Court and Arbitration Proceedings

In Beijing Songxianghu Architectural Decoration Engineering Co., Ltd v Kitty Kam [2024] HKCFI 1657 (date of reasons for decision: 19 June 2024), the Hong Kong Court of First Instance (“the Court”)…
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