The Hong Kong Court of Appeal has finally laid to rest the vexed issue of whether an arbitration agreement or a winding-up petition should take precedence in an insolvency situation. In two parallel decisions, the Court of Appeal ruled that an arbitration agreement s...
From an empirical study comparing the last decade of appeals from Hong Kong to the Privy Council with the first decade of appeals to the Court of Final App... SNM Young,AMD Roza - 《Ssrn Electronic Journal》 被引量: 1发表: 2009年 COMBINING THE MEANS OF RECTIFYING JUDGMENTS AND THE METHOD...
On 10 November 2023, the Government of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) published the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Rules and the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enfo...
Enforcement of Mainland Judgments in Hong Kong: An Overview of Common Law Enforcement Methods As a Hong Kong law firm that handles Mainland-Hong Kong litigation, we have handled many cases for enforcement of Mainland judgments in Hong Kong. The most comm
Hong Kong's Court of Appeal recently provided much needed clarification on the proper forum to decide issues of noncompliance with preconditions to arbitration and the consequences of such failure. InC v D[2022] HKCA 729, the arbitration agreement contained an escalation clause that stipulated that...
This alert examines the series of judgments that were issued by the Hong Kong courts in the same matter after the Security Judgment and the important legal issues arising therefrom. Authors:Lianjun LiMin LiDonald ShamPatrick Chong Application for leave to appeal against the Security Judgment ...
Registration of Mainland judgments in Hong Kong Court of First Instance Registration of Hong Kong judgments in the Mainland Jurisdiction lies with the courts of the respondent’s domicile or ordinary residence and also with the courts of any place where the respondent has property ...
Design/methodology/approachIn terms of AML case law, the authors analyze three judgments from the Hong Kong Court of Final Appeal. In terms of the intended legislation amendments, the authors outline salient points from the two amendment bills submitted to the Legislative Council of Hong Kong....
A selection of judgments of the Supreme Courts of Hong Kong and Ireland from November 2009 – January 2010 are summarised below. Hong Kong Dynasty Line Ltd v Sukamto Sia and another [2009] HKCFA 101(26 November 2009) The Court of Final Appeal considered whether money paid into court b...
When Hong Kong becomes SAR, is the mainland ready? Problems of judgments recognition in cross-border insolvency matters After Hong Kong's handover in the year 1997 to the People's Republic of China (PRC), two judicial systems began to operate in parallel in one country. To d... Xinyi,Go...