Category: Uncategorized

10th International Arbitration and Corporate Crime Summit

Jeremy Bartlett SC moderated the Regional Panel session at the well-attended and lively Legal Plus event, Indonesia & South East Asia :10th International Arbitration and Corporate Crime Summit on 12 December 2024, on the topic of “Enforcement & Invalidity of Awards” Many thanks to Leonora Riesenburg, Shai Wade and Arif Edison for their very informative […]

“Asian Maritime Law and Business Conference 2024” 

Edward Alder had the great privilege of represent the Hong Kong Maritime Law Association at the well attended “Asian Maritime Law and Business Conference 2024” on 29 November 2024 in Kuala Lumpur organised by International Malaysian Society of Maritime Law and Maritime Law Association of Singapore. Edward shared the panel with Capt Mohiuddin Abdul Kadir (Bangladesh), […]

Prince’s Chambers acts for all parties in anti-suit contest resolving the threshold test 

In Friendship Shipping & Trading SA v IVL Dhunseri Polyester Co SAE [2024] HKCFI 3180, shipowner Friendship Shipping applied for an anti-suit injunction (ASI) to restrain cargo receiver IVL Dhunseri from continuing Egyptian legal proceedings brought for cargo damage. Friendship Shipping contended that the parties had agreed to arbitrate any dispute in Hong Kong because the […]

Legal 500 Rankings 2025

Prince’s Chambers is delighted to have again received very strong a rankings for Chambers as a whole and for leading individuals in this year’s Legal 500 Hong Kong Bar for 2025. Commercial disputes/Arbitration Jeremy Bartlett SC –Leading silk “KCs at the very top of their field, with a long-established record of market-defining cases, and widespread endorsement […]

Hong Kong Arbitration Charity Ball

Prince’s Chambers had a table at this year’s fabulous Hong Kong Arbitration Charity Ball, part of Hong Kong Arbitration Week. A great opportunity to catch up with the great and the good of Hong Kong arbitration and overseas guests. Terrific presentation by Kay McCardle of Equal Justice Hong Kong. Many thanks to our guests, Sam […]

ALAM Congress in Macau on Arbitration

Jeremy Bartlett SC attended the ALAM Congress in Macau on Arbitration in Lusophone Countries, held on 10-12 October 2024 at the University of St Joseph. Thanks to Bruno Nunes, Chairman of the ALAM Board, for his expert organisation of this very impressive event, also to Stephen Morgan (USJ Rector) and for the support of Liu […]

Tongcheng Travel Hldgs Ltd v OOO Securities (HK) Group Ltd

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, the Arbitration Judge said it is a ‘complete waste of time and costs’ for factual […]

Hong Kong: The Common Law Gateway for Vietnamese Businesses for China and Beyond

Sebastian Hughes joined the delegation of esteemed Hong Kong barristers, solicitors, arbitrators and mediators led by the Secretary for Justice, Mr Paul Lam SC, on his September 2024 tour to Ho Chi Minh City and Kuala Lumpur. He was also the moderator of the session “Hong Kong: The Common Law Gateway for Vietnamese Businesses to […]

Hong Kong Civil Procedure 2025

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 Lavesh Kirpalani – O.59 appeals to Court of Appeal Josh Baker – O.22A payment into […]

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.

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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 […]

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] […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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

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 […]

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 […]

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 […]

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