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  • Article

    Recent Hong Kong Court Decision On A Bank's Liability On Its Employee's Fraudulent Conducts

    What happens when a Bank's customer loses money due to a fraud perpetrated by an employee of the Bank? What, if any, remedies does the defrauded customer
    Hong KongFinance and Banking
    Bryan Cave Leighton Paisner
    Bryan Cave Leighton Paisner
  • Article

    Arbitration — Stay — Arbitration Clause — Loan Agreement — Action For Dishonoured Cheque (T v W)

    Arbitration analysis: The plaintiff (T) made a loan to the defendant (W) pursuant to a loan agreement which contained an arbitration clause.
    Hong KongLitigation, Mediation & Arbitration
    Stephenson Harwood
Stephenson Harwood
  • Article

    Back To Basics - Hong Kong Court Of Appeal Queries Approach To Winding-Up Petitions Where Arbitration Is Involved

    The Hong Kong Court of Appeal has suggested that a previous Court decision may have overstepped the mark by suggesting that an arbitration clause in a client agreement should ...
    Hong KongLitigation, Mediation & Arbitration
    Hogan Lovells
    Hogan Lovells
  • Article

    Sit Kwong Lam v Petrolimex Singapore Pte. Ltd

    For a second time in two months, the Hong Kong Court of Appeal was asked to consider the correctness of the controversial approach adopted in the case of Lasmos Limited v. Southwest ...
    Hong KongLitigation, Mediation & Arbitration
    DLA Piper UK LLP
    DLA Piper UK LLP
  • Article

    ‘No Consent' Procedure Confirmed Lawful By Hong Kong Court Of Appeal

    In Tam Sze Leung and others v. Commissioner of Police [2023] HKCA 537, the Hong Kong Court of Appeal (CA) has overturned the lower court's decision that found the ‘No Consent' procedure...
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Assignment Of Sale Proceeds Not An Interest In Land, Hong Kong Court Rules

    Hong Kong's Court of Final Appeal confirmed in a recent appeal ruling that an assignment of sale proceeds of an immovable property did not create any interest in land.
    Hong KongReal Estate and Construction
    Mayer Brown
    Mayer Brown
  • Article

    Proposed Hong Kong Security Of Payment Legislation For The Construction Industry

    The Report details the Development Bureau's findings, which generally support the proposed terms of the SOPL.
    Hong KongReal Estate and Construction
    Herbert Smith Freehills
    Herbert Smith Freehills
  • Article

    Hong Kong And Australian Courts Recognise Principles Of Segregation In Cayman SPCs

    SPCs are a type of exempted company established under the Cayman Companies Act. SPCs are unique because they allow for the assets and liabilities of the company...
    GlobalLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Hong Kong Court Confirms Senior Employee Owes Fiduciary Duties To Employer

    In the case of HMM (Hong Kong) Ltd v Ma Chun Kit [2022] HKCFI 1153, the Court of First Instance (CFI) held that a senior employee who was not a company director may still owe fiduciary duties to their employer, depending on their job role and functions.
    Hong KongEmployment and HR
    Mayer Brown
    Mayer Brown
  • Article

    Summary Dismissal: Consider Suspending The Employee First

    Slotine explains how recent Hong Kong case law has clarified the difference between statutory suspension from employment and contractual suspension from duties.
    Hong KongEmployment and HR
    Slotine
    Slotine
  • Article

    What Is In A Name? Provisional Liquidators, Liquidators & Ad Valorem Fees

    We have previously reported that the Official Receiver retains its entitlement to ad valorem fees on the conversion of a compulsory liquidation to a creditors' voluntary winding-up (CVL).
    Hong KongInsolvency/Bankruptcy/Re-Structuring
    Mayer Brown
    Mayer Brown
  • Article

    Effective Cure To Infringements Of Intellectual Property Rights In Hong Kong: Interlocutory Injunction

    The Hong Kong Toys and Games Fair is the second largest toy fair in Asia. In 2007, it was held in early January at the Hong Kong Convention and Exhibition Centre with over hundreds of exhibitors participating. One of the exhibitors, COG Limited, which is a reputable designer and manufacturer of educational toy experiments ("the Exhibitor"), noticed one of the other exhibitors in the Fair, Eastcolight (Hong Kong) Limited ("the Infringer"), had exhibited a series of products that were virtually or
    Hong KongIntellectual Property
    Angela Wang & Co.,
    Angela Wang & Co.,
  • Article

    Safeguarding The Mentally Incapacitated: Navigating The Complex Framework For Appointing Mental Health Committees In Hong Kong

    When a loved one faces mental incapacity, it can be an emotionally challenging and complex situation for all involved.
    Hong KongFood, Drugs, Healthcare, Life Sciences
    Haldanes
    Haldanes
  • Article

    H v W [2021] HKCA 733

    The Petitioner Father appealed against a judgment handed down on 10 November 2020 granting leave to the Respondent Mother to relocate with their 5-year-old daughter (A) to Singapore...
    Hong KongLitigation, Mediation & Arbitration
    Gall
    Gall
  • Article

    Prohibition Orders

    A prohibition order is a powerful tool in the enforcement of judgments. It enables a judgment creditor to prevent a judgment debtor from leaving Hong Kong for the purpose of facilitating the enforcement of a judgment against the judgment debtor.
    Hong KongLitigation, Mediation & Arbitration
    Timothy Loh LLP
    Timothy Loh LLP
  • Article

    'Easier To Recognise Than Define' - English Court Of Appeal Considers "Practical Completion" For The First Time In Fifty Years

    The Court of Appeal in Mears Limited v Costplan Services (South East) Limited & Ors [2019] EWCA Civ 502, in a judgment published on 29 March 2019, has considered the meaning of "practical completion" ...
    Hong KongReal Estate and Construction
    Hogan Lovells
    Hogan Lovells
  • Article

    New Management Buy-Out Regulation in China

    On 11 April 2005, the State-owned Assets Supervision and Administration Commission of Ministry of Finance of Peoples Republic of China ("MOF") issued a new regulation, known as <I>"Provisional Regulations for Transferring the State Owned Enterprise’s Property Rights to the Management"</I> ("Provisional Regulation"), governing management buy-outs of State Owned Enterprises ("SOEs") in China.
    Hong KongFinance and Banking
    Angela Wang & Co.,
    Angela Wang & Co.,
  • Article

    Enforcement Of Foreign Judgments And Arbitral Awards From Asia In Offshore Jurisdictions

    This article commences with an overview of the statutory and common law regimes allowing the enforcement of judgments and arbitral awards in the British Virgin Islands, Bermuda and the Cayman Islands.
    GlobalLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Litigate Or Arbitrate: The Continuing Debate

    Insolvency proceedings become more complex when an arbitration clause is in place, but a recent case in the British Virgin Islands brings some clarity.
    GlobalLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    For Services Rendered? How To Avoid A Pyrrhic Victory In Court Taxation In Hong Kong

    In olden times, according to John Grisham, attorneys would render single-page bills to their clients. A handsome but reasonable sum would be prefaced with three solitary words...
    Hong KongLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Showing 181–200 of 256 results

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