Dispute Resolution

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
In Chee Cheung Hing & Company Limited v Zhong Rong International (Group) Limited [2016] HKEC 656 ("Chee Cheung Hing & Co."), the Hong Kong courts upheld the validity of the arbitration clause...
June 2016
In Bluegold Investment Holdings Ltd v Kwan Chun Fun Calvin [2016] HKEC 532, Hong Kong’s Court of First Instance has stayed court proceedings brought under a personal guarantee containing a...
May 2016
Summary judgment – fraud exception under O. 14 r. 1(2)(b) – wide meaning adopted – exception engaged where allegation of intentional or reckless dishonest act or omission done with purpose of...
May 2016
Preliminary issues – order for trial of preliminary issues in striking-out application – whether erroneous exercise of discretion D applied to strike out P1–2’s claim as an abuse of process of the...
May 2016
Summary judgment – application for judgment in respect of part of claim and specific performance – generally undesirable for parties to fragment cases and litigate parts P applied for summary...
May 2016
Appeal – preparation of appeal bundles – appellate court to take more robust approach in dealing with costs of wasteful preparation of appeal documents On an appeal by P against the dismissal of...
May 2016
“This is a court of law, young man, not a court of justice.” Oliver Wendell Holmes, Jr. The number of disputes in music and entertainment arising from agreements between musicians and their...
May 2016
Judged by their frequency of use, the procedural regime for sanctioned offers and sanctioned payments has arguably been a success (Rules of High Court and District Court, O. 22). Civil litigation...
April 2016
Costs – cost consequences following sanctioned offer or payment – observations on applicability of O. 22 to financial provision cases in family proceedings In ancillary relief proceedings, H made...
April 2016
Costs – indemnity costs – general rule of awarding indemnity costs to unsuccessful attempts to resist enforcement of arbitral award – applied to unsuccessful attempts to resist enforcement and...
April 2016
Joint investment in property for sub-sale before completion – whether implied term in agreement regarding return of contribution made by one party in event of sub-sale not materialising before...
April 2016
Petition – bona fide dispute as to debt – whether higher standard required for resisting petition on ground of bona fide dispute than for resisting application for summary judgment P, an insurance...
April 2016
Expert evidence – personal injuries claim – admissibility of report on liability – case need not be exceptional for joint approach to be adopted or for party to apply for leave before engaging expert...
April 2016