Arbitration

In 1 April 2021, I was invited to share my views on the development of the Hong Kong Legal Cloud in a webinar, co-organised by the Department of Justice and the Law Society of Hong Kong. The COVID-…
August 2021
On 27 November 2020, the U.K. Supreme Court rendered a seminal decision on arbitrator conflicts in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48, refining the law on apparent bias…
April 2021
FOREWORD The national security law[i] (the “NSL”) was, and continues to be, the subject of much controversy both domestically and internationally. There is a perception in the post-NSL landscape…
April 2021
Clients occasionally ask whether it is possible to obtain security for a claim to be pursued by arbitration. In Hong Kong, as in England, the answer is generally no, subject to the genuine exception…
January 2021
Background The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative…
November 2020
Under the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region (…
September 2020
A consequence of the doctrine of ‘separability’ is that an arbitration agreement within a written contract may not be governed by the same law as the substantive provisions.  The governing law of an…
June 2020
Arbitration — court-ordered interim measures — anti-suit injunction as interim measure under s. 45 — Arbitration Ordinance (Cap. 609) There were pending arbitration proceedings in Hong Kong between…
May 2020
  How should the court deal with an insolvency petition founded solely on an alleged debt that is the subject of an arbitration clause? The dynamics between arbitration clauses and insolvency…
May 2020
What are they? Multitiered dispute resolution clauses are contractual provisions which provide for the resolution of disputes by a series or waterfall of alternative dispute resolution techniques…
March 2020
AIG Insurance Hong Kong Ltd v McCullough & Anor [2019] HKCFI 1649 comes on the back of Re Dickson Valora Group (Holdings) Co Ltd [2019] HKCFI 482 – both cases acknowledge that the courts will…
February 2020
For the last few years the term “Artificial Intelligence” or “AI” has been bandied around legal conferences with the presumption that everyone knows exactly what is meant. As a long time software…
February 2020
In the last year rarely a week has passed without a law firm announcing a new legal technology initiative or a new legal start up announcing the launch of a new legal technology offering. In the…
February 2020
Enzo Ferrari (founder of Ferrari) had a dream and he said, “the dream became bigger, much bigger to build a car, that doesn’t slow in the curves, that flies without leaving the ground...” and owning…
February 2020
On August 19, 2019, the Hong Kong Independent Commission Against Corruption (“ICAC”) and the Hong Kong Securities and Futures Commission (“SFC”) signed a Memorandum of Understanding (“MoU”) to…
February 2020
Oxford University Press (Reference – Online): “Without Prejudice” – “A phrase used to enable parties to negotiate settlement of a claim without implying any admission of liability. Letters and…
February 2020
The Mainland of China has been stepping up its regulation on the protection of personal information in the last few years. Although there is yet a comprehensive piece of legislation specifically…
February 2020
In light of the ageing population and increased life expectancy for both males and females in Hong Kong, there is a growing need for lawyers practising in the area of mental health, elderly and…
February 2020
This article examines the Court’s view on the use of confidential documents and information obtained by ‘self-help’ means. During a relationship, it is common for couples to allow each other to…
February 2020
This article explores why it is critical for family lawyers to support colleagues with mental-health challenges, how to identify when peers or clients may need help, and the need for removing the…
February 2020