Hong Kong court considers its power to grant injunctions in support of foreign arbitrations; says hybrid clause enforceable

In Top Gains Mineral Macao Commercial Offshore Limited and TL Resources Pte Ltd (HCMP1622/2015), the Hong Kong Court of First Instance has refused to discharge an injunction in support of prospective arbitral proceedings in Singapore, despite the "hybrid" nature of the arbitration clause and the fact that the Singapore court had declined to grant an … Read more

Hong Kong court expresses concern over making declaration of Trade Mark infringement in circumstances where no defence is filed

Declarations of Trade Mark infringement are commonly sought in actions for infringement of intellectual property rights. However, the Hong Kong High Court recently expressed its concern about making a declaration of infringement in circumstances where the defendant had not filed a defence. While the court was not required to express a final view on this … Read more

Hong Kong court grants leave under new Companies Ordinance to bring unfair prejudice proceedings by way of derivative action

In Yu Yuchuan & Ors v China Shanshui Investment Company Limited (HCMP) 360/2015, Hong Kong’s Court of First Instance granted leave to minority shareholders of Shanshui Investment Company Limited (Shanshui) to bring unfair prejudice proceedings in the name of the company, by way of statutory derivative action pursuant to sections 732 and 733 of the … Read more