Member of the Baltic Exchange
Edward Alder has been elected a Member of the Baltic Exchange. Membership is often a requirement for appointment as an arbitrator under shipping contracts. Edward is looking forward to sitting on arbitral panels with fellow Members. balticexchange.com
10th International Arbitration and Corporate Fraud Summit on 26 September 2024
Jeremy Bartlett SC moderated a panel session at the Legal Plus event in South Korea:10th International Arbitration and Corporate Fraud Summit on 26 September 2024, on the topic of “Expedited & Emergency Arbitration: Who Benefits Most, Choice of Seats & What are the Pitfalls for General Counsel” Many thanks to Michelle Sonen, Myung-Ahn Kim and […]
The Impact of Arbitration and Exclusive Jurisdiction Clauses on Insolvency Proceedings
Lavesh Kirpalani co-authored an article with Franklin Koo as committee members of HK45 (the young practitioner body of HKIAC) in the latest September 2024 issue of the Hong Kong Lawyer! Our piece, titled “The Impact of Arbitration and Exclusive Jurisdiction Clauses on Insolvency Proceedings: A Brief Comparative Analysis,” delves into a critical intersection of arbitration law and […]
HKMLA Annual Dinner – 12 September 2024
The Hong Kong Maritime Law Association will hold its Annual Dinner with the Admiralty Judge, Mr Justice Anthony Chan, on 12 September 2024 at the Hong Kong Football Club. Over 20 chambers and law firms will attend. This is the premier yearly event for the maritime law sector in Hong Kong. Space is still available […]
ARIAS Asia
Edward Alder has been appointed to the ARIAS panel of insurance arbitrators with immediate effect. Panel arbitrators are available to hear insurance disputes referred to arbitration under policy clauses.
Legal Plus Asia Forum: 4th International Arbitration & Competition Law Summit held in Hong Kong on 31 July 2024
Jeremy Bartlett SC took part in a lively panel session at the Legal Plus Asia Forum : 4th International Arbitration & Competition Law Summit held in Hong Kong on 31 July 2024, on the arbitration topic of “ Shareholders, Stakeholders & Director Disputes with Hong Kong & Foreign Companies: Best Practices to Protect the Company” […]
Hong Kong Employment Barristers – Doyles Hong Kong Bar Rankings 2024
Prince’s Chambers is delighted to announce the recognition of Paul Carolan and Lavesh Kirpalani as Leading Hong Kong Employment Barristers in the Doyles Hong Kong Bar Rankings for 2024. Many thanks to our loyal clients and solicitors for your support.
Appointed to the Panel of Arbitrators of the AALCO
Jeremy Bartlett SC was honoured to be appointed to the Panel of Arbitrators of the AALCO (Asian-African Legal Consultative Organisation) Hong Kong Regional Arbitration Centre at the recent AGM held at the Hong Kong Club on 5 June 2024.
CIETAC in Beijing- 27 May
On 27 May it was Jeremy Bartlett SC‘s honour to be invited to the offices of CIETAC in Beijing to review CIETAC’s role in shaping and leading developments in international arbitration and to explore various initiatives for cooperation with the International Dispute Resolution Academy (IDRA)
International Arbitrator at the BAC/BIAC
The Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC) held its ceremony for empanelment of the Eighth Panel of Arbitrators on 25 May 2024. Jeremy Bartlett SC was honoured to be empaneled as an International Arbitrator.Speeches highlighting BAC’s extraordinary growth and success, its vision for the future and the Government’s support for BAC were delivered and […]
Appointment to Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC)
Prince’s Chambers is pleased to announce that Jeremy Bartlett SC and Eugene Kwok have been appointed by the Beijing Arbitration Commission/Beijing International Arbitration Center (BAC/BIAC) to its Eighth Panel of Arbitrators.
X v Stefano Mariani – DCEO 11/2023 30 April 2024
Jeremy Bartlett SC leading Fergus Chan was successful in discharging an Anonymity Order granted to the Claimant in a high profile sexual harassment case brought against a former partner in a major law firm (X v Stefano Mariani). The basis for discharge found by the Judge included serious material non- disclosure on the part of […]
Lecturer for International Commercial Resolution Course
Damien McDonald, Barrister and Arbitrator at Prince’s Chambers, delivered a remote lecture to Peking University International Commercial Resolution Course on 18 May 2024. His presentation, titled “International Arbitration: An Introduction to Pleadings and Written Advocacy,” highlighted the critical importance of the advocate’s role in preparing pleadings and written submissions that provide a clear, coherent, and effective written […]
Prince’s Chambers’ Cocktails on Friday, 24 May 2024
Prince’s Chambers is hosting a cocktail party for clients, friends and contacts on 24 May 2024 6:30pm at The Pottinger, Central. Please contact us if you would like to receive an invitation.
Shenzhen Court of International Arbitration for the ICCA 2024 Side Event on 9 May 2024
Jeremy Bartlett SC, Edward Alder and Sebastian Hughes were delighted to attend the ICCA 2024 Shenzhen Side Event hosted by the Shenzhen Court of International Arbitration on 9 May 2024. Apart from attending the Conference on the Latest Developments in International Arbitration in China, Jeremy Bartlett SC was honored to be invited to participate in […]
Moderator at the ICCA 2024 Side Event held at SCIA HK on 8 May 2024
Jeremy Bartlett SC was honoured to be invited to be Moderator for both Panel Sessions of the ICCA 2024 Side Event held at SCIA HK on 8 May 2024. There was a full house attending with many online registrants also participating.This was the 2nd International Dispute Resolution Academy (IDRA) roundtable event and dealt with collaborative […]
New HKCA twin decisions on staying winding up petitions to arbitration
The Hong Kong Court of Appeal has issued twin decisions applying the seminal 2023 CFA decision in Re Lam Kwok Hung Guy ([2023] HKFCA 9) to applications to stay winding up petitions involving claims subject to arbitration. In Guy Lam, the CFA applied a “multi factorial approach” when staying a bankruptcy petition subject to a […]
EBS v NTCD [2024] HKCA 335
Court of Appeal rejects unequal distribution claim and re-opens ancillary relief award to grant ‘mesne rent’ Josh Baker appeared in the Court of Appeal for the successful husband (with Azan Marwah and instructed by Withersworldwide): EBS v NTCD [2024] HKCA 335. The wife sought a greater departure from equal sharing on the basis that she […]
Guest lecturer at the Peking University Common Law Course
Sebastian Hughes was delighted to be a guest lecturer at the Peking University Common Law Course organised by the Bar Association..
Moot Arbitrator at the Vis East Moot
Edward Alder had the great privilege of participating as a Moot Arbitrator in the Vis East Moot in Hong Kong last week: “Always good to give something back to the (future) profession, and I learn something new about law and procedure every year. Congratulations to the winners, National Law University Jodphur, and the runners up Charles […]
Europe Embraces a New Dawn of Arbitration in Asia – Kluwer Arbitration Blog
We are pleased to see that Kluwer Arbitration Blog has covered the conference “Europe Embraces a New Dawn of Arbitration in Asia” at which Jeremy Bartlett SC was a speaker. This was held in Dusseldorf in 29 November 2023 and organised by ECAA and ASEAC. Europe Embraces a New Dawn of Arbitration in Asia – […]
HK45 Camp & YAAP Cocktail Reception in Vienna
Prince’s Chambers is proud to be a sponsor for the HK45 & YAAP Cocktail Reception in Vienna. Please click the link and register. https://hkiac.glueup.com/event/hk45-yaap-cocktail-reception-103188
Extra-territoriality for securities, corporate and competition regulators’ powers
Extra-territoriality for securities, corporate and competition regulators’ powers is a growing trend: international players beware. In 2022 the UK Competition and Markets Authority (CMA) served s.26 document production notices under the UK competition legislation on UK subsidiaries of German entities, VW and BMW. The notices required document production from the UK subsidiary and the German parent […]
IBA Guidelines 2024
The IBA has released its latest Guidelines on Conflict of Interest in International Arbitration (2024) to reflect changes in the arbitration landscape over the past decade. The new Guidelines include important updates for counsel and parties alike. Notably, the 2024 Guidelines include new guidance regarding an arbitrator’s disclosure obligations when dealing with social media (including […]
Former HKIAC Deputy Secretary-General joins Prince’s Chambers
Prince’s Chambers is pleased to announce that Eric Ng has joined Prince’s Chambers effective 1 March 2024. Eric was called to the Hong Kong Bar in 2014, maintaining a broad commercial and construction practice, with a specific focus on international arbitration. From 2019-2023, Eric joined HKIAC as Managing Counsel, overseeing over 300 international arbitrations per […]
Eric Chim joins Chambers
Prince’s Chambers is pleased to announce that Eric Chim has joined Chambers in February 2024. Eric was called to the Bar in November 2023. Prior to commencing pupillage, Eric was a trainee solicitor at an international law firm. He then went on to obtain his LLM (1st Class) from the University of Cambridge. Eric has […]
Appointment of Damien McDonald as Fellow of the Australian Centre for International Arbitration
Prince’s Chambers congratulates Damien McDonald on becoming a Fellow of the Australian Centre for International Commercial Arbitration (ACICA) and his addition to ACICA’s Panel of Arbitrators. ACICA, founded in 1985, is Australia’s leading non-profit institution focused on resolving international commercial disputes through arbitration and mediation, offering a range of services, including appointing authorities and maintaining arbitrator panels.
Appointment to Bar Council
Sebastian Hughes has been co-opted as a Council Member of the Bar Council of the Hong Kong Bar Association for 2024.
Chambers & Partners for Greater China Commercial Disputes – Hong Kong Bar
Prince’s Chambers is delighted that Edward Alder is ranked once again by Chambers & Partners for Greater China Commercial Disputes – Hong Kong Bar. #hongkong #civillitigation #martimelaw #internationalarbitration
HKMLA Dinner- welcome speech
Edward Alder had the honour of giving a short welcome speech at a dinner for Lord Phillips GBS NPJ held by the Hong Kong Maritime Law Association. Lord Phillips is in Hong Kong to sit in the Court of Final Appeal. Details and photos of the event here: www.linkedin.com/feed/update/urn:li:activity:7151065089477894145/ This coincided with the first ever webcast of […]
Hong Kong Legal Walk 2023
Prince’s Chambers completed its Hong Kong Legal Walk hike on Sunday! A great time was had by all. We will be back next year. 14.1km in 3h51m. HK$15,100 raised for the chosen charities. Well done to the organisers. 3D video here: https://www.relive.cc/view/vwq1rnLoYBv Photos here:
Legal 500-Rankings 2024
Prince’s Chambers is delighted to have received very strong and improved rankings in Legal 500 Hong Kong Bar 2023 Commercial disputes Jeremy Bartlett SC – Tier 1 leading silk Edward Alder, Sebastian Hughes, Phillip Rompotis – Tier 1 leading juniors Paul Carolan, Lavesh Kirpalani, Eugene Kwok and Kevin Lee – Tier 2 leading juniors Administrative and public law Josh Baker – Tier 2 leading junior […]
Hong Kong Legal Walk
Prince’s Chambers are happy to be participating in this year’s Hong Kong Legal Walk! All for a good cause, with donations raised going to Mind HK, Justice Without Borders and Equal Justice Hong Kong. Our walk will take place on 26 November 2023. Solicitors, clients and friends welcome to join us or make a contribution […]
The role of peaceful dispute resolution in achieving the objectives of UN Sustainable Development Goal 16
Mr Jeremy Bartlett SC is looking forward to speaking on 7 December 2023 on the role of peaceful dispute resolution in achieving the objectives of UN Sustainable Development Goal 16 (Peace, Justice and Strong Institutions). http://princeschambers.com/wp-content/uploads/2023/11/HKU-IDRA-Law-final-2.pdf
WIPO Mediation and Arbitration Center’s annual Panelists Meeting on 6 November 2023
Sebastian Hughes was a speaker at the WIPO Mediation and Arbitration Center’s annual Panelists Meeting, on 6 November 2023, in Geneva. LinkedIn
SFC v Subotic [2023] HKCFA 32
Hong Kong’s Court of Final Appeal has held that the securities regulator, SFC, can serve investor class relief proceedings under Securities and Futures Ordinance (SFO) s.213 out of Hong Kong without permission under RHC O.11, r.1(2), SFC v Subotic [2023] HKCFA 32. The decision is a surprise because the SFC had not argued in any of level […]
Captializing Hong Kong’s Maritime Edge – Ship Leasing, Maritime Arbitration and Beyond
Hong Kong Maritime Arbitration Group will hold its first in-person event to support Hong Kong Maritime Week 2023. “Captializing Hong Kong’s Maritime Edge – Ship Leasing, Maritime Arbitration and Beyond” Supporting Organisations: Hong Kong Maritime Law Association, ICS Hong Kong, Marine Finance Club, China Maritime Law Association Time: 21 November 2023 (Tuesday) from 1400 to […]
Forgery, a Null and Void Arbitration Clause, a Matter Best Left for The Courts or The Arbitral Tribunal?
Lavesh Kirpalani discusses how the Hong Kong courts have addressed the issue of forged arbitration agreements and the relatively recent decision Haller AG & Anor v Vestey International Group Ltd & Ors [2022] HKCFI 652 in his article featured on Hong Kong Lawyer.
Hong Kong Maritime Week Mock Arbitration on 24 November 2023
The Hong Kong Maritime Week Mock Arbitration takes place on 24 November 2023. All are welcome to come and see what a maritime arbitration really looks like. The event is jointly run each year by the Hong Kong Maritime Law Association, the Hong Kong Maritime Arbitration Group, CMAC and others, with assistance from the Department […]
Company Law in Hong Kong (Insolvency) 2023
Congratulations to our three Prince’s Chambers contributors, Eugene Kwok, Kevin Lee and Josh Baker.
Who’s Who Legal 2023
Congratulations to Phillip Rompotis for recognition from Who’s Who Legal 2023 as a “Thought Leader – Mainland China & Hong Kong SAR – Construction 2023”, the only non-silk barrister to be so recognised, and as a “Global Leader – Construction 2023”. Over nearly two decades WWL has used the recommendations of clients and private practitioners to pick […]
HKMLA Annual Dinner- 28 September 2023
The Hong Kong Maritime Law Association’s popular Annual Dinner with the Admiralty Judge will be held on Thursday 28 September 2023 at the Royal Hong Kong Yacht Club. All are welcome. Contact [email protected]
Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Limited and others [2023] HKCFA 20
Hong Kong’s Court of Final Appeal has determined that under LLMC 1976, where a State has opted to dis-apply the wreck removal (WR) head of limitation, shipowners may not limit liability for such expenses in any case, including where the claim is brought by the owner of another (wrecked) ship by way of recourse. Clifford […]
Asian Dispute Review
Edward Alder of Prince’s Chambers reviews Navin Ahuja’s fine book “Taming the Guerrilla in International Commercial Arbitration” in this month’s Asian Dispute Review http://www.asiandr.com/journal-detail.php?issue=202307
Thailand Arbitration Center Distinguished Panel of Arbitrators
Edward Alder has been appointed to the Distinguished Panel of Arbitrators of the Thailand Arbitration Center for a period of three years, ending December 2026. Announcement: Thailand Arbitration Center Distinguished Panel of Arbitrators | Thailand Arbitration Center (THAC)
HKMAG Seminar in Xiamen, PRC on 28 July 2023
Hong Kong Maritime Arbitration Group will hold a seminar in Xiamen, PRC on 28 July 2023, supported by the Maritime Silk Road Central Legal District FTZ Pilot Zone (MSRCLD), Xiamen and Hong Kong Economic and Trade Office in Guangdong Fujian Liaison Unit. Danny Mok, Li Lianjun, Philip Yang and Shirley Si will speak. Danny and […]
Service of Hong Kong process by way of public announcement in mainland China
Eugene Kwok of Prince’s Chambers looks at substituted service of Hong Kong process by way of public announcement in mainland China (basically you can’t, at least for the time being) After Hong Kong’s return to the People’s Republic of China (PRC) in 1997, the Hague Convention* could no longer apply for service of process between Hong […]
SEKSL v Samantha Jane Bradley [2023] HKCFI 1478
On 31 May 2023, Deputy High Court Judge Herbert Au-Yeung (Judge Au-Yeung) struck out a representative action commenced by Sir Elly Kadoorie & Sons Ltd (SEKSL) against a former employee for alleged harassment on the basis that a corporate plaintiff has no standing to commence an action under the common law tort of harassment. Background […]
Leading employment barristers – Doyles Rankings 2023
Prince’s Chambers are delighted that Paul Carolan and Lavesh Kirpalani have been ranked as leading employment barristers in this year’s Doyles Rankings. Leading employment barristers – Doyles Rankings 2023
Seminar on Arbitrator’s Conflicts and IP Arbitration with HKIAC and GPS
Jeremy Bartlett SC, Edward Alder and Lavesh Kirpalani of Prince’s Chambers were delighted to co-host this seminar on Arbitrator’s Conflicts and IP Arbitration with HKIAC and GPS. Many thanks to Jade Lam and Xiaojun Wang of HKIAC and Anna Kim of GPS and those who attended in person and online. Seminar on Arbitrator’s Conflicts and IP Arbitration with HKIAC and GPS
The Giant Ace [2023] EWCA Civ 569
The English Court of Appeal has affirmed Blair J’s decision in The Giant Ace: the 12-month time bar in Hague Visby Rules Article III, r.6 does protect the carrier against mis-delivery claims where the cargo is released from port environs cargo facilities well after discharge from the ship, in the case a bonded coal stockpile: [2023] […]
Cunnington Guillaume Serge Charles v Qantex Capital Markets Limited [2023] HKCFI 1374
Princes Chambers on Both Sides: The employer’s appeal against a substantial Labour Tribunal award for constructive dismissal in favour of the employee broker was rejected by the High Court in this recent decision. The parties were represented by Edward Alder and Paul Carolan. [2023] HKCFI 1374
Butterworths Hong Kong Banking Law Handbook – Sixth Edition
Chambers congratulates Kevin Lee and Josh Baker for their second-time contribution to the Butterworths Hong Kong Banking Law Handbook (6th Edition). The sixth edition continues to take a clear and practical approach to the law and practice relating to the Banking Ordinance (Cap 155) in Hong Kong. It provides comprehensive coverage of the substantive law and modern precedents in […]
Yip Wai Tak Vivian v Hong Kong Football Club and others [2023] HKDC 551
Judgment dated 16 February 2023 was reported in an earlier post. The Plaintiff’s application for leave to appeal against the dismissal of her defamation and other claims at trial has now been dismissed in this decision which also reviews the Court’s approach to awarding indemnity costs. These were granted on summary assessment to the Defendants […]
Aspects of the Arbitrator’s Impartiality and Disclosure Obligations’ and ‘Arbitrating IP Disputes
Jeremy Bartlett SC, Edward Alder, and Lavesh Kirpalani will speak on Aspects of the Arbitrator’s Impartiality and Disclosure Obligations’ and ‘Arbitrating IP Disputes’ co-organised by HKIAC and Prince’s Chambers at the HKIAC on 25 May 2023. Registration link:https://hkiac.glueup.com/event/72152/
Securities and Futures Commission application to Court for remedies for investors under SFO s.213 can be served out of Hong Kong
The Hong Kong Court of Final Appeal will hear an appeal on whether an application by the Securities and Futures Commission to Court for remedies for investors under SFO s.213 can be served out of Hong Kong under gateway (f), ie whether such an action for discretionary group relief is a ‘claim founded on a […]
PT v Citibank [FACV 11/2022]- Further developments on Quincecare duty
Further developments on Quincecare duty. In PT v Citibank FACV 11/2022, (6 February 2023) the Hong Kong CFA took the opportunity to give clear guidance on a bank’s duty (and liability in debt when in breach) to its customer in respect of fraudulent transfers from the account effected through the instructions of mandatory officers where […]
Prince’s Chambers Drinks
Prince’s Chambers hosted its first drinks event in 3 years at the China Club on 24 March. We are grateful to the 80 solicitors and clients that joined us and for Karen Linker for the music. Prince’s Chambers Drinks
High Court decision and guidance on solicitor / client bills reported
The CFI’s decision in Mark Sutherland v CRB (a firm) [2022] HKCFI 3382 has been reported: [2023] 1 HKLRD 1. The decision contains discussion of solicitor / client taxations generally [60]-[75], ways in which firms can assist the court in preparing such bills for taxation (including by draft narrative statements) [66]-[69], issues commonly arising [71] and the circumstances in which a judge […]
High Court grants non-party costs order
The CFI has granted a non-party costs order against an unrelated company that funded litigation, and joined it for the purposes of indemnity costs: Hydrotech Waterproofing Solutions Ltd v Shun Yuen Construction Co Ltd [2023] HKCFI 601. Hydrotech was a sub-sub-contractor which went unpaid for construction works, after its sub-contractor went into liquidation. It had claimed […]
Pro bono work with HFW
Josh Baker was delighted to work pro bono with Equal Justice and Holman Fenwick Willan, obtaining a legal aid certificate on appeal for a vulnerable young migrant mother. The certificate allowed the mother to bring claims for a declaration of parentage and for maintenance against the child’s father. The child now knows who his father is and […]
Perusahaan Perseroan (Persero) PT Pertamina v Trevaskis Ltd and thers [2023] HKCFA 5
Hong Kong’s Court of Final Appeal has granted leave to appeal on whether a shipowner may limit liability for wreck removal expenses under LLMC 1976 where the contracting state (eg HK and UK) has suspended Art 2(1) head (d). Clifford Smith and Edward Alder, instructed by Reed Smith Richards Butler, act for the appellant shipowner. The […]
Sze Fung Engineering Ltd v Trevi Construction Co Ltd [2023] HKCFI 419
The Court of First Instance gave judgment after trial, in Sze Fung Engineering Ltd v Trevi Construction Company Ltd [2023] HKCFI 419. The dispute arose out of construction works associated with a new combined cycle gas turbine unit at the Black Point Power Station in the New Territories, one of the world’s largest gas-fired combined-cycle […]
Yip Wai Tak Vivian v Hong Kong Football Club and others [2023] HKDC 174
Sportsperson fails to establish any grounds to complain of misconduct report to Lawn Bowling Association for her behaviour at league match. The decision provides a detailed analysis on the scope of defamatory meanings and the application of qualified privilege to matters brought before a sports domestic tribunal. In particular the strict requirements for allegations of […]
HK45 Committee Member for 2023-2025
Lavesh Kirpalani has been made a HK45 Committee Member for 2023-2025.
CIArb (EAB) YMG 4th Annual Regional Conference
Prince’s Chambers is sponsoring the CIArb (EAB) YMG 4th Annual Regional Conference taking place on 23 and 24 February, with the Honourable Mr Justice Godfrey Lam giving the Keynote Address. You are invited to join and attend in person. Click here to join. The programme and conference topics can be found here.
Quincecare in the Supreme Court
Philipp v Barclays Bank was argued in the UK Supreme Court on 1-2 February 2023. Judgment will affect the circumstances in which victims of push payment frauds can look to their banks for recovery. The appeal concerns the basis and scope of the duty propounded by Steyn J in Quincecare v Barclays Bank [1992] 4 All ER […]
Chitty On Contracts, Hong Kong Specific Contracts (7th Edition)
Prince’s Chambers continues its contribution to Chitty On Contracts, Hong Kong Specific Contracts, which is now released in its 7th Edition in two volumes. Edward Alder: Chapter 15 Information Technology Josh Baker: Chapter 1 Agency
Prince’s Chambers is very grateful to have been recognised again in this year’s rankings by Chambers Greater China
Commercial dispute resolution EDWARD ALDER chambers.com/lawyer/edward-alder-greater-china-region-116:349952 “He is hard-working, reliable, concise and very user-friendly. He acted on very short notice in place of another counsel and did a great job in both the written and oral submissions.” Intellectual property SEBASTIAN HUGHES chambers.com/lawyer/sebastian-hughes-greater-china-region-116:25361092
Prince’s Chambers is delighted to have received very strong and improved rankings in this year’s Legal 500 Hong Kong Bar
Commercial disputes www.legal500.com/c/hong-kong-bar/commercial-disputes/ Jeremy Bartlett SC – Tier 1 leading silk Edward Alder, Paul Carolan, Sebastian Hughes, Phillip Rompotis – Tier 1 leading juniors Lavesh Kirpalani, Eugene Kwok and Kevin Lee – Tier 2 leading juniors Administrative and public law www.legal500.com/c/hong-kong-bar/administrative-and-public-law/ Josh Baker – Tier 2 leading junior Construction and Property www.legal500.com/c/hong-kong-bar/construction-and-property/ Phillip Rompotis – Tier 2 leading Junior Family and private client www.legal500.com/c/hong-kong-bar/family-and-private-client/ Jeremy Bartlett […]
Hong Kong Court of Appeal confirms jurisdiction to serve a regulatory action by SFC on defendants outside Hong Kong
The Court of Appeal has confirmed that the High Court has jurisdiction under RHC Order 11, r.1(1) to permit the Securities and Futures Commission (SFC) to serve a Writ in a Hong Kong regulatory action on defendants out of Hong Kong: SFC v Subotic [2022] HKCA 1909. Under the Securities and Futures Ordinance (Cap. 571) (SFO) s.213, the SFC may issue […]
The Hague Court of Arbitration for Aviation
The Hague Court of Arbitration for Aviation (HCAA) took flight in mid-2022. Seated in The Hague, Netherlands and administered by the Netherlands Arbitration Institute, the HCAA is Europe’s first arbitration centre that specialises in resolving commercial and private aircraft related contract disputes. Many international industries, such as shipping and sports, have specialised arbitration centres to […]
Wan Tai Investments v Li Hiu Yan [2022] HKCFI 3702
Hong Kong’s High Court grants specific performance of a HK$113m Put Option obligation over a bloc of Hong Kong and Shanghai list shares. Edward Alder, instructed by Simmons & Simmons, acted for the successful plaintiff in Wan Tai Investments v Li Hiu Yan [2022] HKCFI 3702. The Court applied the principles of contractual construction in Maeda KKKK v Bauer […]
Rare successful costs appeal in bank ‘accumulators’ litigation
Edward Alder, instructed by Tanner De Witt, has won a rare costs appeal against ICBC, a major PRC bank, reported at Industrial & Commercial Bank of China (Asia) Ltd v Tse Ching [2022] 5 HKLRD 284. ICBC commenced an action for possession of mortgaged property and payment under a guarantee against Ms Tse, said to be guarantor of […]
Arbitrator selection practices survey
HKIAC is promoting this survey on arbitrator selection practices. All are encouraged to participate: cortexcapital.org/theusualsuspects
When should a plaintiff be liable for the costs of a withdrawn summary judgment application?
Sebastian Hughes represented the successful defendant in Yao-Hua Kang v Joe-Hsiang Lin (HCA1926/2020, 18 November 2022), a first instance appeal before Deputy High Court Judge Le Pichon. Madam Justice Le Pichon confirmed the test as to whether a plaintiff ought to pay the defendant’s costs of a withdrawn summary judgment application is “whether the plaintiff knew or ought […]
“Hong Kong Civil Procedure” contribution
Prince’s Chambers are pleased to have continued their contribution to “Hong Kong Civil Procedure” with the just-released 2023 Edition. Edward Alder: Order 11 Service out of the jurisdiction / forum non conveniens Lavesh Kirpalani: Order 59 Appeals to the Court of Appeal Josh Baker: Order 22A Payments into Court, Order 115 Drug Trafficking (Recovery of […]
Mary Kay Inc v Zhejiang Tmall Network Co Ltd – Trade Mark Infringement: Exhaustion of Rights (Parallel Importation) Defence
Sebastian Hughes comments on the Court of Appeal decision in Mary Kay Inc v Zhejiang Tmall Network Co Ltd, addressing the exhaustion of rights (parallel importation) defence. The Court of Appeal in Mary Kay Inc v Zhejiang Tmall Network Co Ltd (CAMP 301/2021, 15 March 2022) provided welcome guidance in respect of the proper determination of the exhaustion of […]
The forthcoming Hong Kong Maritime Week
Edward Alder will take part once again in the ever popular mock arbitrations on 25 November 2022 for the forthcoming Hong Kong Maritime Week. www.hkmw.hk/en/index.html www.hkmw.hk/en/activities_details.html?id=0010
FIMBank plc v KCH Shipping [2022] EWHC 2400 (Comm) (The Giant Ace) (a s.69 arbitration appeal)
Edward Alder considers the Hong Kong implications of FIMBank plc v KCH Shipping [2022] EWHC 2400 (Comm) (The Giant Ace) (a s.69 arbitration appeal). Blair J held that the one-year time bar under the Hague Visby Rules (HVR) Article III, r.6 applies to misdelivery of a cargo (bulk coal) after discharge from the ship in the port environs. The […]
Ling Wai Hoi v Jetland Global Investments Ltd: setting aside bankruptcy notice on conditions?
Edward Alder reports on the recent decision of the Hong Kong Court of Appeal that an application to set aside a bankruptcy notice (under Bankruptcy Rule 47) cannot be allowed on a condition that the debtor pay the disputed claim amount into court: Ling Wai Hoi v Jetland Global Investments Ltd [2022] HKCA 1457 (30 September 2022). This was […]
HK CA Inching closer to upholding primacy of arbitration agreements in winding up proceedings?
In Lam v Tor Asia Credit Master Fund LP [2022] HKCA 1297, the Court of Appeal revisited, in the context of an application to set aside a bankruptcy order where the underlying contract contained an exclusive jurisdiction clause, the interrelationship between exclusive jurisdiction clauses and bankruptcy/winding up petitions. In so doing, the CA offered some further thoughts […]
A successful appeal for release on Hardial Singh grounds
Harjang Singh v Secretary for Security & Anor [2022] HKCA 781. This was a successful appeal for release on Hardial Singh grounds of an individual detained for 1,208 days or 3 years and 4 months. The Court of Appeal updated and clarified numerous aspects of the law relating to when and for how long a […]
High Court dismisses fraudulent misrepresentation action after trial
Eugene Kwok of Prince’s Chambers was trial counsel for the 3rd Defendant in Macro Charm Ltd v Phoenix Nicaragua S.A. & Others [2022] HKCFI 1822. The case concerned a contract to conduct logging operations in Nicaragua over forests affected by Hurricane Felix in 2007, entered into by the Plaintiff (a special purpose vehicle set up by […]
Technology in Arbitration: Levelling the Playing Field
Sebastian Hughes will be speaking on “Technology in Arbitration: Levelling the Playing Field” at THAC International ADR Week 2022.
Winding up foreign companies – the second core requirement
Many companies in Hong Kong are not incorporated there. Nonetheless, the Hong Kong court has statutory jurisdiction (under section 327 of the Companies (Winding Up and Miscellaneous Proceedings) Ordinance) to wind up a foreign company. However, recognising that the most appropriate jurisdiction to wind up a company is the place where it is incorporated, the […]
Pre-arbitration procedural requirements to be determined by the arbitrator
It is not unusual for arbitration agreements to contain pre-arbitration procedural requirements, such as negotiation or mediation, which the parties must attempt before proceeding to arbitration. These are commonly known as “tiered” or “escalation” arbitration agreements – you have to escalate the dispute through each tier before you can go to arbitration. Disputes may arise […]
Singapore’s new approach to ‘long-arm’ jurisdiction
Common law courts, like those in Hong Kong and Singapore, usually exercise jurisdiction over foreign defendants in particular cases with certain factual connections to the territory. The long-arm service ‘gateways’ in the court rules include contract cases where there is a jurisdiction clause and tort cases where acts took place, or damage was incurred, in […]
Hydrotech Waterproofing Solutions Limited v Shun Yuen Construction Company Limited [2022] HKCFI 1170
The Court of First Instance gave judgment after trial, in Hydrotech Waterproofing Solutions Limited v Shun Yuen Construction Company Limited [2022] HKCFI 1170 (https://lnkd.in/gW2jFARJ). As the judge observed, the claim arose from a not uncommon occurrence in the local construction industry in which a contractor has completed works but not received payment from an intermediary […]
Lesnina H Doo v Wave Shipping Trade Co Ltd [2022] HKCFI 1070
Eugene Kwok recently represented the 8th Defendant in Lesnina H. D.O.O. v Wave Shipping Trade Co Ltd [2022] HKCFI 1070. The 8th Defendant was allegedly a second-tier recipient of the Plaintiff’s funds which had been wrongly paid out as a result of an email fraud. The 8th Defendant asserted that it had no knowledge of the alleged fraud, and […]
Haller AG v Vestey Intl Group Ltd & China Meheco Corp [2022] HKCFI 652
Edward Alder, instructed by Lau, Horton & Wise LLP, acted for the claimant in successfully opposing a stay to arbitration of a €6m claim on ground that the arbitration agreement was a forgery in Haller AG v Vestey Intl Group Ltd & China Meheco Corp [2022] HKCFI 652. In 2013, the German claimant sold cargos […]
Distinguished Panelists with the Shenzhen Court of International Arbitration
Congratulations to Sebastian Hughes on his appointment as one of the 114 distinguished Panelists with the Shenzhen Court of International Arbitration, on 21 February 2022.
“Milano Bridge” 2020 ([2022] HKCA 157
Edward Alder, together with Clifford Smith SC, instructed by Ince & Co, appeared in the Court of Appeal for the owner of the Milano Bridge successfully opposing an appeal against a stay of a US$90m claim arising from an allision between the ship and a berth in Busan in 2020 ([2022] HKCA 157). All facts took place […]
“Managing MENA and China-related M&A Arbitration Disputes-Summit”
Damien McDonald will be speaking on “Managing MENA and China-related M&A Arbitration Disputes” at the Qatar & MENA: 7th Annual International Arbitration Virtual Summit. Prince’s Chambers is a Silver Sponsor for this event. The Summit will take place on Wednesday 2 March 2022, from 8: 55am to 12: 30pm (Qatar local time – GMT+3). For registrations details, […]
AB v X & Ors [2022] HKCFI 132
The Court of First Instance has held that there was no jurisdiction to give effect to a letter of request issued by an Administrative Law Judge on behalf of the US Federal Board of Reserve: AB v X & Ors [2022] HKCFI 132. The letter sought an order for examination of witnesses X, Y and […]
Legal 500 (Legalease) Asia Pacific 2022- Ranking
We are delighted that Jeremy Bartlett SC, Paul J. Carolan, Edward Alder, Sebastian Hughes, Phillip Rompotis are all ranked top tier for Commercial Disputes, Hong Kong Bar, with further rankings for Jeremy Bartlett SC (Family and Private Client), Edward Alder (Shipping), Sebastian Hughes (Intellectual Property), Phillip Rompotis (Construction) and Eugene Kwok, Kevin Lee and Lavesh Kirpalani (Commercial […]
2022 Chambers Asia Pacific Guide-Ranking
Prince’s Chambers is delighted to announce that Sebastian Hughes has again been listed as a leading intellectual property barrister in the 2022 Chambers Asia Pacific Guide. Many thanks to our loyal and supportive solicitors and clients. https://lnkd.in/gd7MP7FB
Chambers Greater China for Commercial Dispute Resolution 2022-Ranking
Prince’s Chambers is delighted that Edward Alder is ranked in Chambers Greater China for Commercial Dispute Resolution 2022.
Appointment to the Panel of the Shanghai Arbitration Commission
Prince’s Chambers is delighted to announce that Sebastian Hughes and Damien McDonald were appointed to the Panel of the Shanghai Arbitration Commission on 31 December 2021.
CIArb (EAB) Young Members Group seminar- I December 2021
Is international arbitration tilted towards the common law system? Kevin Lee will be speaking as one of 8 panelists in the upcoming CIArb (EAB) Young Members Group seminar on 1 December 2021 (Wednesday) at 3:30 – 5:00pm. Register now at: https://lnkd.in/g7EM6RUf Mino Han will chair the fireside chat with an objective of analysing multiple procedural […]
APAC Insider Legal Awards
Prince’s Chambers is delighted to announce that Eugene Kwok was recognised in this year’s APAC Insider Legal Awards as “Best Commercial Disputes Specialist 2021 (Hong Kong)”. Details of the award can be found at https://lnkd.in/gt3NqzM7.
Barrister-arbitrators: conflicts of interest and instructing solicitors
Edward Alder considers recent judgments on conflicts of interest for barrister arbitrators where a party’s law firm has instructed the barrister as counsel in other cases. Barrister-arbitrators: conflicts of interest and instructing solicitors In jurisdictions with independent Bars such as Hong Kong and England barristers are often approached for potential arbitral appointments. Their independence is one of […]
CIArb (EAB) YMG – Sun, Sand and Serious Irregularity—What can arbitration practitioners learn from running a Beach Club?
Damien McDonald will be joining a CIArb (EAB) YMG Panel on 12th October 2021 at 17:00 HKT with Ronald Pang, Bernice S. and Ng Ka Wai Join our panelists, in this CIArb (EAB) YMG webinar, for a discussion of the Privy Council decision in RAV vTherapy Beach Club [2021] UKPC 8 on Serious Irregularity and what it means for Hong […]
‘Recent Developments in Forum Contests in Hong Kong and Common Law Jurisdictions’
Edward Alder‘s article ‘Recent Developments in Forum Contests in Hong Kong and Common Law Jurisdictions’ has been published in the Hong Kong Civil Procedure 2022 Special Release. The article looks at various new decisions in the FNC, service out and anti-suit areas and makes recommendations for change in Hong Kong to keep up with other […]
Hydrotech Waterproofing Solutions Limited v Shun Yuen Construction Company Limited[2021] HKCFI 2785
Phillip Rompotis and Josh Baker, instructed by Minter Ellison, appeared for the defendant on the plaintiff’s application to amend its statement of claim and reply in a construction dispute: [2021] HKCFI 2785. The court ruled that it was not fair for the plaintiff to introduce new agency and quantum meruit claims nine weeks before trial, […]
SFC v Subotic [2021] HKCFI 2172
The High Court has confirmed that Hong Kong’s Securities and Futures Commission (SFC) may obtain leave to serve Hong Kong enforcement actions on defendants abroad, SFC v Subotic [2021] HKCFI 2172. Edward Alder instructed by Minter Ellison acted for the defendants. The High Court has confirmed that Hong Kong’s Securities and Futures Commission (SFC) may obtain leave to serve […]
Online seminar dealing with an arbitrator’s duty of impartiality
Sebastian Hughes will be the Moderator at this seminar/webinar jointly hosted by the YMG of CIArb and HKIAC. https://lnkd.in/gh5_Eki
The operator of the venerable “Hong Kong Optical” chain
Eugene Kwok of Prince’s Chambers advised and acted for Hong Kong Optical Company Limited, the operator of the venerable “Hong Kong Optical” chain, which was today wound up by the court on a petition issued by the company itself. The company issued the petition pursuant to a resolution of its directors, who were authorised by […]
Re Lucky Legend Industries Limited; Re Vintage Wine Cellar Limited [2021] HKCFI 2004
Eugene Kwok of Prince’s Chambers acted for the respondents in Re Lucky Legend Industries Limited; Re Vintage Wine Cellar Limited [2021] HKCFI 2004, a decision which serves as a reminder to all practitioners of the need to take a little bit of extra care when instituting shareholder proceedings. Largely due to technical and procedural problems, the unfair prejudice petition in this case […]
Betamax Ltd v State Trading Corporation [2021] UKPC 14
Phillip Rompotis reviews Betamax Ltd v State Trading Corporation [2021] UKPC 14, where the Privy Council of England, in an appeal from the Mauritius Supreme Court, considered the extent of permissible intervention by a court in an international arbitration where public policy was raised as a ground for setting aside an award, holding that where a tribunal had […]
Arbitration on Intellectual Property disputes Seminar- 24 June 2021
Sebastian Hughes will be the Moderator at the seminar/webinar jointly hosted by the YMG of CIArb and HKIAC. On 1 January 2018, amendments to the Hong Kong Arbitration Ordinance came into effect to clarify that all disputes over intellectual property rights may be resolved by arbitration, and that it is not contrary to the public policy of […]
C v D [2021] HKCFI 1474
Phillip Rompotis reviews C v D [2021] HKCFI 1474, where the HK Court considered an application to set aside a partial award on jurisdiction on a ground that commonly arises in arbitration proceedings – whether an obligation to negotiate prior to commencement of proceedings goes to the admissibility of a claim or to the jurisdiction on […]
Appointment of Arbitrators- arranged by CIArb YMG -16 June 2021
Phillip Rompotis will be joining a great cast to discuss the appointment of arbitrators. Arranged by CIArb YMG. Join our CIArb (EAB) YMG panel discussion, supported by Stephenson Harwood, focusing on considerations when making arbitral appointments including youth and diversity! The panel takes place on 16 June 2021 at 4pm to 5pm (HKT). #law#diversity#inclusion#diversityandinclusion#arbitration#ciarbeab#ciarb#stephensonhardwood
Arbitration Newsletter No.13
In International Arbitration Newsletter No. 13, Phillip Rompotis reviews a range of cases from Asia and England, including a number of judgments from the courts in Hong Kong and Singapore which highlight that while the set aside remedy is relatively rare, courts will not hesitate to set aside an award where the award debtor can […]
Can a claimant always pick the jurisdiction with the highest limitation of liability?
Can a claimant always pick the jurisdiction with the highest limitation of liability?
Edward Alder of Prince’s Chambers enjoyed working with the Richard, Ruaridh and Alex of the Ince Hong Kong team and Clifford Smith SC on this recent case. The Hong Kong Court has stayed proceedings that arose out of an allision in South Korea on the ground that South Korea was the more appropriate forum. As a […]