Tongcheng Travel Hldgs Ltd v OOO Securities (HK) Group Ltd is a veritable tour of issues that can arise on applications to stay to arbitration. Edward Alder looks at three worth highlighting. First, in a stark warning to the profession,…

Sebastian Hughes joined the delegation of esteemed Hong Kong barristers, solicitors, arbitrators and mediators led by the Secretajry for Justice, Mr Paul Lam SC, on his September 2024 tour to Ho Chi Minh City and Kuala Lumpur. He was also…

Prince’s Chambers is proud to continue its support for Hong Kong Civil Procedure (alias the White Book), with the publication this week of the 2025 volume. We author the following commentaries: Edward Alder – O.11 service out of the jurisdiction…

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    

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 &…

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…

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…

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.

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…

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.  

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.

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…

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…

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.

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…

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…

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.

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…

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…

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,…

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…

Sebastian Hughes was delighted to be a guest lecturer at the Peking University Common Law Course organised by the Bar Association..

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…

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…

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 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…

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…

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…

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…

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…

Sebastian Hughes has been co-opted as a Council Member of the Bar Council of the Hong Kong Bar Association for 2024.

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  

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.…

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…

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…

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…

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

Sebastian Hughes was a speaker at the WIPO Mediation and Arbitration Center’s annual Panelists Meeting, on 6 November 2023, in Geneva. LinkedIn

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.…

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,…

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.

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…

Congratulations to our three Prince’s Chambers contributors, Eugene Kwok, Kevin Lee and Josh Baker.

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…

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]

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…

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

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)  

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…

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)…

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…

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

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…

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…

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]…

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)…

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…

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/

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),…

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…

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

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…

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…

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…

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…

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…

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…

Lavesh Kirpalani has been made a HK45 Committee Member for 2023-2025.

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…

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…

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

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…

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…

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…

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…

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…

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…

HKIAC is promoting this survey on arbitrator selection practices. All are encouraged to participate: cortexcapital.org/theusualsuspects

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…

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…

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…

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

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…

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…

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…

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…

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…

Sebastian Hughes will be speaking on “Technology in Arbitration: Levelling the Playing Field” at THAC International ADR Week 2022.

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…

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…

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…

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…

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…

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…

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.

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…

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…

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…

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…

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