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Hong Kong Tribunals

Mayer Brown

Hong Kong Labour Tribunal Presiding Officer's Statutory Duty to Investigate Includes Calling Witnesses

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Proceedings in the Hong Kong Labour Tribunal are inquisitorial in nature, differing from the adversarial approach taken in court proceedings....more

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

Mayer Brown

Hong Kong Court Confirms Labour Tribunal's Broad Powers to Order Employer Give Security to Defend Claim

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INTRODUCTION- In Chu Yeut Lin and Another v. Everbright Groups Limited [2024] HKCFI 1626, the Court of First Instance ("CFI") confirmed that the Labour Tribunal has a wide discretionary power to order the payment of...more

BCLP

HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and...

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In CNG v G & G (HCCT 29/2023) [2024] HKCFI 575 (date of reasons for decision: 27 February 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application to set aside an arbitration award, reiterating...more

Latham & Watkins LLP

HKIAC’s 2024 Administered Arbitration Rules Come Into Force

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The 2024 Rules significantly improve Hong Kong’s arbitration framework, aiming to increase the efficiency of proceedings and clarify the tribunal’s powers. The Hong Kong International Arbitration Centre’s (HKIAC’s) newly...more

BCLP

The Hong Kong Court Dismisses Challenge to Remove Arbitrators on Ground of Apparent Bias

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In P v D [2024] HKCFI 1123 (judgment date: 30 April 2024), the Hong Kong Court of First Instance dismissed an application, pursuant to section 26 of the Arbitration Ordinance, by the challenging party (“P”) to remove two...more

Morrison & Foerster LLP

HKIAC’s Updated Administered Arbitration Rules Come into Effect on 1 June 2024

The Hong Kong International Arbitration Centre (HKIAC) has released updated administered arbitration rules that come into effect 1 June 2024. The updated 2024 Administered Arbitration Rules (the “2024 Rules”) are a much...more

BCLP

Hong Kong Court of Appeal decision on cartel fines imposed on entities within the same undertaking

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Competition Commission v W. Hing Construction & others [2022] HKCA 786 (judgment date: 2 June 2022) concerned an appeal from the first Hong Kong judgments concerning pecuniary penalties for contraventions of competition...more

King & Spalding

Arbitrating Premature Claims: An Issue of Admissibility

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The question of whether a party’s failure to comply with a mandatory step in a multi-tiered dispute resolution clause is an issue of “admissibility” or “jurisdiction” was a hot topic in the international arbitration sphere...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

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On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong for a contravention of a competition rule (“contravention”). This case concerns an...more

BCLP

Private actions relating to alleged contraventions of the Competition Ordinance of Hong Kong: the first reported Hong Kong...

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On 12 October 2021, the Competition Tribunal (“Tribunal”) handed down its judgment on the merits of the first private action in Hong Kong seeking remedies against the contravening party for a contravention of a competition...more

BCLP

Minor irregularity in party name not a valid ground to set aside an arbitral award

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It sometimes happens that there is an irregularity or mistake in the way in which a party is named in the formal arbitration papers. Will such an irregularity or mistake cause problems when the successful party seeks to...more

Dorsey & Whitney LLP

International Arbitration by PRC Companies (Series 3): Is it costly to arbitrate in Hong Kong?

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In this part of our ongoing series, we will examine the costs of arbitration in Hong Kong and if it is expensive as thought. Arbitration costs mainly comprise of two parts: solicitors’ fees and the costs attributable to...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

BCLP

Hong Kong court refuses to uphold an arbitral award for enforcement on grounds of excess of authority and denial of a fair hearing

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In X v Y (HCCT 62/2018) [2020] HKCFI 2782 (Date of Decision: 5 November 2020), the Hong Kong Court of First Instance (the Court) set aside an order to enforce an arbitration award on the basis (i) that the tribunal’s findings...more

BCLP

Hong Kong sees the first disqualification order under its Competition Ordinance

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Under the Competition Ordinance, the Hong Kong Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose a disqualification order prohibiting a person from being a director,...more

BCLP

Hong Kong Competition Tribunal establishes four-step approach to assess pecuniary penalties for contraventions of competition...

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Under the Competition Ordinance, the Competition Tribunal (“Tribunal”) may, on application by the Competition Commission (“Commission”), impose pecuniary penalties on persons, companies or organisations who have contravened a...more

Hogan Lovells

How dear is an antitrust breach in Hong Kong – flat decorators slammed with HK$4 million fines in first penalties judgment

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On 29 April 2020, the Competition Tribunal handed down its first judgment on financial penalties in a competition case in Hong Kong. The Tribunal had earlier found that the respondents, ten flat decorators, had contravened...more

Hogan Lovells

Paint it black - bleak picture for Hong Kong decorators slammed for market sharing and price fixing

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In one of its first major rulings, Hong Kong's Competition Tribunal (the "Tribunal") has ruled against 10 decorating contractors for serious anti-competitive conduct as set out in the Competition Ordinance (the "Ordinance")...more

Cadwalader, Wickersham & Taft LLP

Hong Kong Competition Commission Consults on Draft Cartel Leniency Policy

On September 23, 2015, the Hong Kong Competition Commission (the Commission) released a draft leniency policy for undertakings engaged in cartel conduct (the Policy) for public consultation. Feedback is invited by the...more

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