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182 Results

Construction Disputes
Insights
Oct 17, 2024

Hong Kong SAR Policy Address 2024

The Policy Address 2024 of Hong Kong was delivered by the Chief Executive on 16 October 2024 (the “Policy Address”). Among a series of reforms aimed at rejuvenating the city’s economy and enhancing…
Insights
Oct 07, 2024

HK Security of Payment Bill: Government responds to submissions from the public

The Hong Kong Government received 37 submissions from the public in July 2024 regarding the Construction Industry Security of Payment Bill (“Bill”) and held discussions with deputations from different…
Insights
Sep 25, 2024

HK Security of Payment Bill: an insolvency exception to ban against “pay when paid” clauses?

On 16 July 2024, the Hong Kong LegCo Bills Committee which is considering the Construction Industry Security of Payment Bill (“Bill”) held a meeting to receive representations and submissions on the…
Insights
Aug 07, 2024

Abbey Healthcare – A prompt for considering contractual adjudication in collateral warranties?

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing…
Insights
Aug 05, 2024

HK Government responds to 19 June letter from LegCo in-house lawyer regarding the Security of Payment Bill

Our earlier Insight “LegCo in-house lawyers request clarifications regarding the Security of Payment Bill” reported that the Legal Service Division of the LegCo wrote a letter on 19 June 2024 to the…
Insights
Jul 24, 2024

Inadequately Reasoned Arbitral Award Not Enforced by Hong Kong Court

In the case of A v B & ors [2024] HKCFI 751 (date of reasons for decision: 13 March 2024) the Hong Kong court set aside an order granted to enforce an arbitral award dated 25 August 2022 made by the…
Insights
Jul 22, 2024

RTI Ltd v MUR Shipping BV: certainty v commerciality

In this Insight, first published in PLC, James Clarke, Richard Shaw and Anna Blest consider the Supreme Court's decision in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which confirmed that a party's…
Insights
Jul 02, 2024

Foreign illegality in fraud proceeds arising from underground currency exchange arrangements

This note considers the current state of the law in Hong Kong with respect to foreign illegality and whether it can set aside defences of bona fide purchaser for value without notice or change of…
Insights
Jun 26, 2024

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party…
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 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…
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