We previously wrote about the Court’s attitude to liquidators’ applications for directions on matters arising in a compulsory winding up (i.e., by the court) under section 200 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap. 32 (“CWUMPO“) (see our articles here and here). For voluntary winding ups, a similar provision, being section 255 … Read more

The internet is borderless, but trademarks are not. A recent Hong Kong case serves as a reminder of the territorial nature and limitation of intellectual property rights. In Mary Kay Inc and Others v Zhejiang Tmall Network Co, Ltd and Others [2021] HKCFI 1403, the Hong Kong Court of First Instance awarded indemnity costs against … Read more

In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary action is … Read more

The Singapore High Court has interpreted a potentially defective arbitration clause, which selected the “China International Arbitration Center” (a non-existent institution), as an agreement to CIETAC arbitration and therefore upheld an award issued by a CIETAC Tribunal. The Court held that, provided the parties objectively intended to refer to the same arbitral institution (rather than … Read more

In a further development to cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has issued a letter of request to a Mainland Court requesting recognition and assistance of Hong Kong liquidators appointed over a Cayman company, under the mutual recognition arrangement introduced on 14 May 2021 (the “Arrangement“, see our … Read more

Hong Kong has officially published a Bill that would allow lawyers to agree outcome-based fees for arbitration work in the territory. If, as expected, the Bill passes into law later this year, it will allow lawyers in and outside Hong Kong to agree fees based on their clients’ success in the arbitration. This is a sea-change for … Read more

Ahead of the city-wide compulsory universal testing planned for later this month, and following the announcements by the Hong Kong Government to put in place employment laws that permit no jab, no job policies and sick leave for employees subject to mandatory testing, quarantine or isolation, (covered in our previous alert), the Employment (Amendment) Bill … Read more

Following the increase in COVID-19 cases in Hong Kong, the Hong Kong government has announced a series of tightening measures on 8 February 2022. This alert provides an overview of the latest employer-related measures which have been proposed. Vaccine pass soon to be launched extended to six additional categories of premises From mid-February 2022 entry … Read more