Conflicting Decisions on Arbitrable Cross-Claims in Hong Kong
Re Shandong Chenming Paper Holdings Ltd, HCCW 175/2017,  HKCFI 2065
Before Hon Harris J in Chambers
Date of Decision: 10 August 2023
Issues between exclusive jurisdiction clause and insolvency proceedings in Hong Kong Courts settled
Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP  HKCFA 9
Effect of an exclusive jurisdiction clause (“EJC”) on bankruptcy proceedings – Where a creditor’s bankruptcy petition is presented in Hong Kong, should it be allowed to proceed if the petition debt, which the debtor disputes, arises from an agreement which contains an EJC in favour of a foreign court? Does the same apply to an arbitration clause?
It is our pleasure that Sam Tsui was elected as the Secretary and Chairman of Events Sub-Committee of the Hong Kong Maritime Arbitration Group (HKMAG) Committee
Fresh Arbitration Salad in Hong Kong
Hong Kong is a very arbitration friendly jurisdiction. Despite the high degree of autonomy given by the courts to the contracting parties to govern their dispute resolution process, the courts in Hong Kong still maintain a supervisory role.
This newsletter selected and summarized four decisions of the Court of First Instance pertaining to arbitrations handed down in the first quarter of 2023. The decisions reminded the contracting parties the court approach in exercising supervising power to arbitrations in different stages of arbitration.
Court of Appeal decided on the conundrum of exclusive jurisdiction clauses in insolvency proceedings
Re: GUY KWOK-HUNG LAM ( 林國雄) (Debtor) and Tor Asia Credit Master Fund LP (Petitioner (Creditor)), CACV 393/2021,  HKCA 1297
Before Hon Barma, G Lam and Chow JJA in Court
Date of Judgment: 30 August 2022
Dishonest plaintiff with an ulterior motive!
Lee v. Secretary of Justice sued for and on behalf of Director of Highways  HKCFI 1569; HCPI 129/2019, Hon Au-Yeung J in Court, 27 May 2022
Price of exaggerating injuries?
Plaintiffs exaggerating their extent of injuries with a view to seek increased damages are no stranger to personal injuries action. But what can be the price of exaggeration?
Re HongKong Bai Yuan International Business Co., Ltd  HKCFI 960 HCCW 219/2021, Hon Linda Chan J in Court, 1 April 2022
Default Judgment Under in Rem Proceedings: Is Your Claim Well Founded? Itiro Corporation BVI v The Owner and/or Demised Charterers of The Ship or Vessel “ANGELIC GLORY  HKCA 1865
Silence is not always golden Z v R  HKCFI 2312 HCCT 11/2021, Hon Mimmie Chan J in Chambers, 9 August 2021
Prejudice – To Be More Specific! Momin Lok v Hospital Authority  HKCA 1075 CACV 236/2020, Hon Barma, Au and G Lam JJA in Court, 26 July 2021
Costly Silence Chu Gregory v Yick Ngai Logistics (HK) Company Limited  HKDC 463 DCPI 110/2020, Master Matthew Leung in Chambers, 30 April 2021
Beware of Getting Off on the Wrong Foot In the matter of the Arbitration Ordinance, Cap 609 and In the matter of an Arbitration between: AB v CD, HCCT 27/2020, Hon Mimmie Chan J in Chambers, 4 February 2021
PRACTICE WITH CAUTION Law Chung Tai v. Sun Profit Logistics (HK) Limited and anr., DCEC No. 606 of 2019, H.H. Judge Levy, 15th July 2020.
Anti-Suit Injunction: Is multiplicity of proceedings necessarily unconscionable? Plain Sail Holdings Ltd v Lau Wing Yan  HKCFI 653
DOUBLE EDGED SWORD In the matter of an EC Application between Hui Po Chi v. Trade Travel (Hong Kong) Limited, DCEC No. 406 of 2017, H.H. Judge Levy, 9th September 2020.
AN ARBITRATION AGREEMENT IS NOT AN UNBREAKABLE SHIELD IN WINDING-UP PROCEEDINGS Dayang (HK) Marine Shipping Co., Ltd v. Asia Master Logistics Ltd, HCCW 14/2019,  HKCFI 311, Deputy High Court Judge William Wong SC in Court, 12 March 2020.
Who is more powerful? Wong Chun Wah v. Chau Kwei Yin, Chow Yat Kuen, Employees Compensation Assistance Fund Board, FACV No. 6 of 2019, Chief Justice Ma, Mr. Justice Ribeiro PJ, Mr. Justice Fok PJ, Mr. Justice Stock NPJ and Madam Justice McLachlin NPJ, 20th December 2019.
Bright Shipping Limited (P) v Changhong Group (HK) Limited (D)  HKCA 1062, CACV No. 102 of 2019
Wisdom Newsletter – Insurance (Issue 32)
Wisdom Newsletter – Personal Injury (Issue 31)
Wisdom Newsletter – Personal Injury (15th March, 2019)
Wisdom Newsletter – Personal Injury (3rd October, 2018)
Wisdom Newsletter – Arbitration
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