We Are Industry Leaders

Practices
Sectors
Location
Type
People

Practices
Sectors
Location
Type
People

163 Results

International Arbitration
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…
Insights
Apr 28, 2025

Does Without Prejudice Privilege apply to reports prepared by third parties?

The without prejudice (“WP”) rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court as evidence. Usually, these statements are made…
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…
This material is not comprehensive, is for informational purposes only, and is not legal advice. Your use or receipt of this material does not create an attorney-client relationship between us. If you require legal advice, you should consult an attorney regarding your particular circumstances. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This material may be “Attorney Advertising” under the ethics and professional rules of certain jurisdictions. For advertising purposes, St. Louis, Missouri, is designated BCLP’s principal office and Kathrine Dixon (kathrine.dixon@bclplaw.com) as the responsible attorney.