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Arbitration
Foreign plaintiffs must pay security for costs? Not always.
Tanner De Witt secures victory for a foreign plaintiff against defendant’s intended appeal to Court of Appeal, following defeating a claim for security for costs In the decision handed down by The Honourable Mr Justice Wilson Chan on 20 October 2023 in XY, LLC v…Read More
Screened for Fairness: A Tale of Two Hong Kong Enforcement Decisions on Remote Hearings
The Hong Kong Court of First Instance (Court) recently decided due process issues arising from the fairness of remote hearings in not one, but two, judgments. In Sky Power Construction Engineering Ltd v Iraero Airlines JSC [2023] HKCFI 1558 (Sky Power), the respondent argued that…Read More
Hong Kong Court Upholds a Jurisdictional Challenge to an Arbitral Award Based on Newly Introduced Evidence of Market Manipulation
In an important recent decision, the Hong Kong Court of First Instance upheld a jurisdictional challenge to an arbitral award in R v A, B and C [2023] HKCFI 2034. The jurisdictional issues concerned a third party (“Ma”) who sought to replace the claimant (“Rise”)…Read More
The Global Legal Post: Commercial Litigation and Cross-border Enforcement in Hong Kong
This article was initially published by The Global Legal Post. 1 . What is the structure and organisation of local courts dealing with commercial claims? What are the main procedural rules governing commercial litigation? The Basic Law of Hong Kong (HKBL) is the constitutional document…Read More
Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings
What difference can a “t” make? Apparently, a lot. In a Hong Kong Arbitration Society arbitration, the Claimant served its Notice of Arbitration (NoA) on the Respondent using [email protected] instead of [email protected] (the Respondent’s email for service under the relevant contract). That difference was sufficient…Read More
Stay of Play: Winding-Up v. Arbitration (Again)
The recent Hong Kong Court of First Instance decision of Re Shandong Chenming Paper Holdings Limited marks another intersection between the public domain of insolvency and the private realm of arbitration. In this and previous decisions, the Hong Kong courts have grappled with the issue…Read More
Legal update: “The arbitration agreement is spent” – Hong Kong Court lifts stay of proceedings notwithstanding pending application to set aside arbitral awards in foreign court
Hong Kong is widely recognised as an efficient and reliable jurisdiction for international arbitration. It is a popular dispute resolution venue due to its modern arbitration legal framework and an independent judiciary. The Hong Kong Courts’ intervention to arbitration proceedings is typically kept to a…Read More
The Legal 500 2023 rankings are announced for Asia-Pacific
Tanner De Witt is proud to again be recommended in The Legal 500 Asia Pacific Guide 2023 for employment, restructuring and insolvency, dispute resolution, technology, media, telecommunications (TMT), commercial, corporate and M&A, private client and family. Legal 500’s Hall of Fame includes Partners Ian De Witt and Robin Darton, while Pamela Mak and Russell Bennett are…Read More
Pamela Mak recommended as a leading Estates, Probate & Succession Litigation Lawyer by Doyle’s Guide 2022
We are pleased to announce that our Partner, Head of Dispute Resolution and Head of China Practice Group at Tanner De Witt, Pamela Mak has been recommended in the 2022 Doyle’s Guide as a “Leading Estates, Probate & Succession Litigation Lawyer” in Hong Kong. This…Read More
Hong Kong Court sets aside ex parte order to enforce Mainland Chinese arbitral award on the grounds of material non-disclosure but re-grants order for enforcement on an inter partes basis
Summary In Lin Chien Hsiung v Lin Hsiu Fen[1], the Hong Kong Court of First Instance (“CFI”): (a) set aside an ex parte order for enforcement of an arbitral award (the “Award”)issued by Shanghai Arbitration Commission ( “SAC”); but (b) subsequently exercised its discretion to…Read More
Results of 2022 Chambers Greater China Region Guide announced
Tanner De Witt is delighted once again to be recognised by Chambers & Partners in their inaugural 2022 Greater China Region Guide for each of its main practice areas. Please see full results and editorial commentary below. Corporate/M&A: Independent Hong Kong Firms (Band 2)Full ranking here. What the…Read More
Tanner De Witt joins the Greener Litigation Pledge
We are proud to announce that Tanner De Witt is now a signatory to the Greener Litigation Pledge.
