Editor's Note July 2019

Arbitration is a consensual process; it can only take place if the parties have agreed to submit their dispute to arbitration. With regard to applying for interim relief in arbitration, whilst the arbitrator(s) might have the power to order interim measures depending on the applicable arbitration law and rules, a party to the arbitration may choose to apply to the court as courts in many jurisdictions have the power to grant interim relief in support of arbitration. But what if an application is sought against a third party who is not a party to the arbitration and is unable to appeal against such an order? Accordingly, the Arbitration feature analyses recent court decisions dealing with such scenario.

Next, it has been established that the welfare of a child in Hong Kong is paramount. That said, what if a child or a vulnerable adult dies or has suffered serious harm as a result of abuse or neglect at home? Any person charged with an offence is presumed innocent until and unless the prosecution has convinced the court that the accused is guilty of the crime beyond a reasonable doubt. Which adult or carer at home ought to be charged though and how does the prosecution discharge the burden given that the victim might not be able to speak up and testify? The Criminal law feature provides an overview of the consultation paper released in May 2019 on this area of law.

Also noteworthy is the Intellectual Property feature. The civil litigation system in Hong Kong was overhauled by the implementation of the Civil Justice Reform in 2009 with the objective to inter alia ensure fairness between the parties and to reduce unnecessary expenses and delays in civil litigation. However, in this day and age where for example counterfeits can quickly and easily be produced and sold, disputes concerning intellectual property rights under the current litigation system might devalue intellectual property rights. The article discusses the new practice direction which took effect in May 2019 and ensures that intellectual property cases are effectively dealt with.

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Lead Legal Editor, Hong Kong Lawyer