The Hong Kong International Arbitration Centre (“HKIAC”) has recently released two updated Practice Notes on costs of arbitration which came into effect on 1 June 2016 to supplement the provisions on costs under the 2013 HKIAC Administered Arbitration Rules (“Rules”).
On September 27, Asia’s leading dispute resolution lawyers will gather in Hong Kong to celebrate the progress of litigation and dispute resolution in the legal profession at the second annual asialaw Asia-Pacific Dispute Resolution Awards.
This article first appeared in the 10th edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London (www.iclg.co.uk).
Gall was instructed to act for Global Merchant Funding Limited against the Secretary for Justice in this landmark appeal (FACC 4/2015) before the Court of Final Appeal (“CFA”). The Court of Appeal and the CFA considered the correct interpretation of the terms of a Merchant Cash Advance Contract (“MCA Contract”) in accordance with the established legal principles to ascertain whether the transactions pursuant to the MCA Contract were in substance a loan under the Money Lenders Ordinance, Cap. 163 (“MLO”).
C5's 2nd Annual Fraud, Asset Tracing and Recovery Asia Conference was held in Hong Kong on 6th-7th June 2016. The leading event of its kind in the region, the conference brought together an international array of experts involved in fraud litigation and asset recovery to share their unique experiences and insights in this growing area.Caroline McNally, Head of Gall’s Family and Divorce Practice and Chris Wong, a fraud expert and also Head of China related Matters at Gall, gave a joint presentation on the topic "Asset Recovery in Matrimonial Disputes".
In the recent case of Chan Sang v Chan Kwok & Ors [2016] HKCU 401 (“Chan Sang v Chan Kwok”), Master Harold Leong held that a Mainland judgment is final and enforceable where a certificate has been issued by the original court to that effect.
This is the first reported decision of the Hong Kong courts under the Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 597) (the “Ordinance”).
The decision affirms the Hong Kong Courts approach to uphold, rather than set aside, judgments issued in the Mainland.
Gall was instructed to act for Sunny Tadjudin against the Bank of America in this landmark employment law case. The “Sunny Case” is considered the leading authority in respect of bonus claims in Hong Kong. In the Bank’s latest appeal, the Court considered the issue of whether an anti-avoidance provision can be implied into an employment contract.This judgment has repercussions for all employers in Hong Kong who pay bonuses, especially those in the financial sector. In line with many other jurisdictions, the Court of Appeal confirmed that it is unlawful for Hong Kong employers to terminate an employee’s employment in order to avoid the employee being eligible for assessment of discretionary bonus and payment.Gall’s employment team, led by Nick Gall (Partner), Andrea Randall (Partner) and Stephen Chan (Senior Associate) report on their recent Court of Appeal victory.
The IBA Annual Litigation Forum 2016 took place in San Francisco from 27th-29th April 2016. Gall was one of the sponsors of this leading event presented by the IBA Litigation Committee and the IBA Corporate Counsel Forum and supported by the IBA North American Regional Forum.
Gall was proud and delighted to be one of the sponsors at this year’s YDA (Youth Diabetes Action) Spring Fling, the YDA’s annual fundraiser to support children in Hong Kong suffering from diabetes. The theme for the night was “Le Grand Tour”, a night of car racing, music and an inspirational talk by racing car driver Dan Wells. The event was help to raise funds for equipment for the YDA’s newly purchased Centre of Excellence.
In a judgment delivered on 4 March 2016 the Hong Kong CFI has ruled that the court need only be satisfied on a prima facie basis that a valid arbitration agreement applies, in order to stay court proceedings. The case in question is Bluegold Investment Holdings Limited v Kwan Chun Fun Calvin [HCA 1492/2015].The decision confirms Hong Kong’s position as an attractive seat for international arbitration and highlights the importance of ensuring consistency across suites of documents.
