This article considers the pro-arbitration approach of courts in Hong Kong in the context of a recent case. It also considers other significant initiatives and developments in the arbitration regime concerning interim measures from mainland courts, arbitration of Russia-related disputes and the new online dispute resolution platform.
The ICLG to restructuring and insolvency covers common issues in restructuring and insolvency, including issues that arise when a company is in financial difficulties, restructuring options, insolvency procedures, tax, employees, and cross-border issues.
For directors, the winding up of a company could be judgment day when their past misdeeds come back to haunt them. If insolvency is on the horizon, there are various matters directors should bear in mind lest incurring personal liability if insolvency becomes inevitable.
Evelyn Chan and Felda Yeung have contributed the Hong Kong Chapter for the GLI guide to International Arbitration 2020. The book contains 32 country chapters and is designed to provide general counsel, government agencies and private practice lawyers with a comprehensive insight into the realities of international arbitration. Market trends, legal developments and practical, policy and strategic issues are also explored.
Nick Gall, Ashima Sood and Kritika Sethia have contributed the Hong Kong Chapter for the 2020 International Comparative Legal Guide (ICLG) to Enforcement of Foreign Judgments. This chapter covers common issues in the enforcement of foreign judgements laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in other jurisdictions.
Post-termination restrictions (“PTRs”) are commonly found in employee’s contracts to restrict the activities of a former employee following termination of his employment. Courts in Hong Kong readily provide judicial relief to those seeking to enforce PTRs so long as it can be shown that the PTRs are (a) reasonable in the interests of the contracting parties and (b) reasonable in the interests of the public.
Kenix Yuen contributed to an IR Global Virtual Series report on whether witnesses are truly independent. Kenix, alongside leading lawyers from other jurisdictions, explored cross-cultural issues regarding arbitration rules and witnesses in Hong Kong, the importance of witness independence when attempting to solve complex, transnational disputes, and the importance of IBA rules for arbitration rules in Hong Kong.
Kenix Yuen was quoted in an article by Insurance Asia News on the Asian aviation industry’s losses given the recent developments of COVID-19. She was quoted saying: “Complying with new regulations and guidelines by each country presents a huge challenge to air operators – including the aircraft leasing and logistics companies – and increases their legal risks as well. Failure and omissions to comply likely increases their liabilities to passengers contracting Covid-19 on board and may affect their own insurance protection.”
Andrea Randall wrote an article for HR Magazine exploring how employers may consider redundancies to trim down their workforces in light of the recent economic climate in Hong Kong.
Working from home has become increasingly popular in the wake of Covid-19 (coronavirus). This article examines the legal implications of working from home.