Dispute Resolution

With the passage of the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Bill 2016 through the Legislative Council of Hong Kong ("Legco") in near record time, we asked the...
June 2017
In the latest twist in a long-running dispute between Malaysian broadcaster Astro Group and Indonesian conglomerate Lippo Group, a Lippo Group entity has failed to overturn a Hong Kong Court of First...
February 2017
For the first time the jurisdiction of the Hong Kong Court, pursuant to s. 21M of the High Court Ordinance (Cap. 4) to grant free-standing Mareva relief in aid of foreign proceedings, was considered...
February 2017
Forty years on from the original Pound Conference – the seminal event that led to the birth of mediation – dispute resolution has reached an impasse. In Hong Kong, mediation remains under-utilised...
January 2017
Summary order for account – order under O.43 r.1 sought for true and proper account for income and expenditure of t’ong – O. 43 r. 1 not appropriate for seeking specific discovery, answers to...
December 2016
On 12 October 2016, the Law Reform Commission (“LRC“) released its Final Report on Third Party Funding for Arbitration (the “Final Report”) recommending that the Hong Kong Arbitration Ordinance (Cap...
December 2016
The recent decision of the Hong Kong Court of First Instance in Sun Tian Gang v Hong Kong & China Gas (Jilin) Ltd [2016] HKEC 2128 (“Sun Tian Gang”) confirms the circumstances in which Hong Kong...
November 2016
On 12 October 2016, the Law Reform Commission (“LRC”) released its Final Report on Third Party Funding for Arbitration (the “Final Report”) recommending that the Hong Kong Arbitration Ordinance (Cap...
November 2016
Hong Kong as a super-connector in the “One-Belt-One-Road” initiative has all along adopted a pro-arbitration approach to resolve disputes. Parties of different social, cultural and economic...
October 2016
Vexatious litigant – s. 27 order restraining litigant from commencing or issuing fresh claims or proceedings against plaintiff – granted by consent with proviso D, acting in person, brought or was...
October 2016
Hong Kong's Financial Dispute Resolution Centre ("FDRC") has proposed to raise the level of money an investor can claim under the scheme sixfold, as well as extending the limitation period for...
October 2016
Shares – transfer – execution by Registrar of instrument of transfer of share held on trust – rectification of register of members Pursuant to O. 85 of the Rules of the High Court (Cap. 4A, Sub....
October 2016
The Consumers Council has recommended revising and improving consumers’ ability to resolve disputes with traders in Hong Kong. At present, aggrieved consumers’ options include presenting complaints...
October 2016
Two recent Court of Appeal cases, one in Hong Kong and the other in England & Wales, illustrate circumstances in which courts will waive the confidentiality attached to mediation and without...
October 2016
Litigation solicitors will benefit from reading comments of Deputy High Court Judge Seagroatt in his reasons for decision in Wide Power Corporation Limited v The Incorporated Owners of Manhattan...
October 2016
Expert evidence – personal injuries claim – leave to obtain supplemental joint report – late application – whether further assistance from experts necessary P, a glass panel installer, brought...
October 2016
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