In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding up order against Yung Kee Holdings Limited (YKHL) with a 28-day stay to allow the … Read more
On 15 July 2015, the Supreme People’s Court in China (the “SPC“) issued a binding judicial interpretation on how lower courts are to handle various issues arising out of the CIETAC split (the “SPC Reply“). The interpretation responded to requests from the Shanghai High People’s Court, the Jiangsu High People’s Court and the Guangdong High … Read more
In the recent case of CPC Construction Hong Kong Limited v Harvest Engineering (HK) Limited and another (HCA 2096/2013), a series of loan agreements set out for litigation to resolve disputes, while a broader, related subcontract, set out for disputes to be resolved by arbitration instead. The Hong Kong Court of First Instance reserved its … Read more
In Standard Chartered Bank (Hong Kong) Limited and another v Independent Power Tanzania Limited and others [2015] EWHC 1640 (Comm), the Commercial Court in England has held that a non-exclusive jurisdiction clause combined with a forum non conveniens (FNC) waiver clause does not preclude the court from granting a stay of English proceedings in favour … Read more
In our previous article The New Frontier, we discussed the launch of the Singapore International Commercial Court (“SICC“) and in particular we questioned whether issues of cross border enforceability might impact the effectiveness of the new SICC. Last week, Singapore took a first stride towards addressing the issue by becoming a signatory to the Hague … Read more
In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held that an English anti-suit injunction with respect to legal proceedings in another jurisdiction (China) could not be enforced in Hong Kong. This decision serves as a useful reminder that care is … Read more
Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical guidance on various processes falling under the banner of alternative dispute resolution (ADR), with a particular focus on mediation. Guide No. 6: ‘Use of Mediation with Arbitration’ provides a brief description of how mediation and … Read more
The Administration of Justice (Miscellaneous Provisions) Ordinance 2014 came into effect on 24 December 2014. It amended various Ordinances with a view to improve various court-related matters. The most significant of these amendments is the repeal of section 22(1)(a) of the Hong Kong Court of Final Appeal Ordinance (Cap 484) (the HKCFAO). Previously, sections 22(1)(a) … Read more
Crociani & O’rs v Crociani & O’rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced in Jersey in January 2013 concerning alleged breaches of a trust which was created in 1987 (the “Grand Trust”). The claims were made to recover funds and assets believed to be … Read more
