Publications

Employment Spotlight: Post-termination restraints in Hong Kong – Wilson Cheung looks at some key issues surrounding post-termination restraints in Hong Kong

It is common to find employers imposing post-termination restraints (“PTRs”) on employees in order to restrict the post-termination activities of the employees with the aim of protecting the employer’s businesses.Post-termination restrictions are often used by employers to restrict an employee from: joining competitors; poaching employees; soliciting clients or customers; or dealing with clients or suppliers.

Stan Cheung examines how the Hong Kong Court may use its’ wide discretion in making a decision on costs after the costs hearing has already taken place.

In a recent costs decision handed down in March 2018 in a committal proceedings, the Court of First Instance (“CFI”) in China Metal Recycling (Holdings) Ltd v Chun Hei Man [2018] HKEC 676 considered whether it could, in exercising the wide discretion on costs under Section 52A of the High Court Ordinance and O.62, r.2(4) of the Rules of the High Court, rely on matters or findings in the judgment handed down by the Court of Appeal (“CA”) after the costs hearing had already taken place.

Nick Gall and Lydia Mak contribute the Hong Kong chapter of The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2018

This article first appeared in the 3rd edition of The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2018 published by Global Legal Group Ltd. The guide provides a practical insight to cross-border Enforcement of Foreign Judgments laws and regulations. It enables readers to navigate, understand and cross-reference laws and regulations in different jurisdictions around the world.

“Hong Kong courts: pro-arbitration in principle and in practice” – Nick Gall and Ashima Sood contribute the Hong Kong chapter of The Dispute Resolution Global Guide 2017 published by Practical Law

It is well recognised that the pro-arbitration and pro-enforcement approach of Hong Kong courts is the key attribute that underpins Hong Kong's position as an attractive venue for commercial dispute resolution.Due to the rapid economic growth in the markets and a surge in cross-border transactions, arbitration users across the globe are demanding a robust regulatory framework and a judicial climate that is pro-arbitration. Hong Kong has been successful in recognising these demands both in principle as well as in practice.This article considers:The pro-enforcement approach of courts in Hong Kong in the context of the recent judgment in U v A [HCCT 34/2016]. Other important developments in the arbitration regime in Hong Kong.

Nick Gall and Ashima Sood contribute the Hong Kong section of The International Comparative Legal Guide to: Corporate Recovery & Insolvency 2017 Edition

This article first appeared in the 11th edition of The International Comparative Legal Guide to: Corporate Recovery & Insolvency; published by Global Legal Group Ltd, London.https://iclg.com/practice-areas/corporate-recovery-and-insolvency/corporate-recovery-and-insolvency-2017/hong-kong