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 […]
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 […]
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?
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 […]