Dispute Resolution

Costs – sanctioned offer or payment – offer that plaintiff withdraw statement of claim and there be no order as to costs – offer containing term as to costs not valid sanctioned offer under O. 22...
September 2016
Sanctioned offer or payment – disclosure of sanctioned payment in application for security for costs – general rule was that permissible only where admission of liability of amount greater than...
September 2016
Civil contempt – breach of court orders for disclosure of documents – appropriate sentence – whether mitigating factors warranting non-custodial sentence D1 and her daughter, D2, were suspected of...
September 2016
In L v B (HCCT 41/2015), proceedings relating to enforcement of an arbitration award in Hong Kong, the Court of First Instance (“Court”) granted the Applicant substantial security in return...
September 2016
In Harvest Treasure Ltd v Cheung Fat Enterprises Ltd [2016] HKEC 1550 (to be reported), the Court of Appeal recently clarified the circumstances in which an expert witness, subject to...
September 2016
The principle that “fraud unravels all” (whether judgments, contracts or other transactions) is one that is familiar to lawyers. In the recent case of Hayward v Zurich Insurance Co. Plc...
September 2016
As noted in the Insights for August 2016 (“Legitimate Interest in Without Prejudice Communications”) there have been some interesting recent common law developments concerning the “unambiguous...
September 2016
In recent years, international arbitration has emerged as a high-growth area for the litigation funding industry. All the major funders now have international arbitration cases in their portfolios,...
September 2016
In a series of recent judgments handed down by the Court of Appeal in Hong Kong, an issue arose as to the rate of pre-judgment interest awarded on damages for non-personal injury civil claims, in the...
August 2016
Given the importance of without prejudice privilege in settlement communications, the recent Court of Appeal judgment in Crane World Asia Pte Ltd v Hontrade Engineering Ltd [2016] HKEC 1377...
August 2016
Intellectual Property – Domain Name Arbitration – Hong Kong Domain Name Registration Policies, Procedures and Guidelines for .hk and .香港 domain names (“Policy”) – Arbitration Ordinance – misleading...
August 2016
With China emerging as a major maritime nation and following the announcement of the The Belt and Road Initiative, there has been much discussion on how Hong Kong can capitalise on its advantage as a...
August 2016
In recent years, the Singapore International Arbitration Centre (“SIAC”) has emerged as one of the most popular options for international disputes in Asia and more broadly. However, parties have...
August 2016
Intellectual Property – ICANN Uniform Dispute Resolution Policy (“UDRP”) – intention to use a domain name without taking action does not demonstrate rights or legitimate interests – attracting visits...
July 2016
In previous editions of this journal we have referred readers to efforts by some defendants to test the parameters of the regime for sanctioned offers in the court rules (RHC/RDC O. 22). As we have...
July 2016
As we reported in the March 2016 edition of the Hong Kong Lawyer (“Anti-suit Injunctions and Delay”), in Re Sea Powerful II [2016] 1 HKLRD 1032 the first instance court...
July 2016
In this Insights, we asked Jason Carmichael, Corporate Partner with Smyth & Co in association with RPC, briefly to summarise developments with regard to penalty clauses and liquidated damages...
June 2016
In Wong Yim Man v Wong Ho Ming [2016] HKEC 930, a deputy judge of the High Court recently held that the defendant’s written settlement offer was not a properly constituted sanctioned offer, for the...
June 2016
The recent Irish High Court judgment in Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2016] IEHC 187 should be of considerable interest in Hong Kong, given the...
June 2016
The Faculty of Law of Chinese University of Hong Kong organised an international conference in late March 2015, on the topic of “Managing the Globalisation of Sanitation Water Services: ‘Blue Gold’...
June 2016