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30 Results

Horace Pang
Insights
Aug 22, 2024

HK Court of Appeal set aside arbitral award for the absence of underlying disputes

In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of…
Insights
Jun 28, 2024

HK court clarified and confirmed that orders for interim measures cannot be challenged using the grounds for setting aside final awards

In G v N [2024] HKCFI 721 (judgment date: 11 March 2024), a Hong Kong court dismissed an application to set aside the enforcement of an interim order which an arbitrator had made requiring a party to…
Insights
Jun 25, 2024

Changes in the payment and adjudication processes regarding variations and time-related disputes

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will…
Insights
Jun 25, 2024

HK court considered the proper scope of the court’s intervention against an arbitral tribunal’s ruling regarding public policy

In G v N [2023] HKCFI 3366 (judgment date: 29 December 2023), a Hong Kong court considered the question of whether and to what extent it is open for the court to review an arbitrator’s ruling on…
Insights
Jun 24, 2024

Key developments and changes in comparison with the existing contractual security of payment regime

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will…
Insights
May 29, 2024

Hong Kong Security of Payment Bill gazetted

The long-anticipated Construction Industry Security of Payment Bill (“Bill”) was gazetted on 17 May 2024 and was introduced into LegCo for its first reading on 29 May 2024. The Bill aims to establish…
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…
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