Business Litigation

Nick Dealy and Ashima Sood Contribute Chapter on Competition Litigation for ICLG

Nick Dealy and Ashima Sood have contributed the Hong Kong chapter for the 2021 International Comparative Legal Guide (ICLG) to Competition Litigation. The chapter covers common issues in competition litigation law and regulations in Hong Kong, including interim remedies, final remedies, evidence, justification/defences, timing, settlement, costs, appeal, leniency and anticipated reforms.

COVID-19 Scams – What to do if you are defrauded

Since the outbreak of COVID-19, we have seen an overwhelming demand worldwide for Personal Protective Equipment (PPE), which includes respirators, surgical masks, gloves and face shields. Regrettably, unscrupulous traders never miss an opportunity to capitalise on public fears and concerns.  Amid these difficult times, there has been a surge of fraud schemes associated with PPE transactions all around the globe. In Hong Kong, over 1,600 reports of online mask scams were received by the Hong Kong Police between January and March this year, consisting of more than 3,000 individual victims and local companies involving a total of HK$48.2 million. It has also been reported that fraudulent mask schemes totalling US$799 million were uncovered in United States in the last few months, and similar patterns have been observed across the Europe.

COVID-19 and the Doctrine of Frustration in Hong Kong

In our recent article we discussed the legal ramifications of the force majeure clauses to “excuse” parties from performing onerous or impossible contracts in the wake of the COVID-19 outbreak. Whilst it is not uncommon for commercial contracts to incorporate force majeure clauses, there remain circumstances under which a party may also consider to seek to relieve themselves from performing under the common law doctrine of frustration.

COVID-19 and the Operation of Force Majeure in Hong Kong

The outbreak of COVID-19 novel coronavirus has brought about disruptions to both public life and international business of an unprecedented scale. Not surprisingly, there have already been instances of parties relying on the contractual force majeure clauses to “excuse” themselves from performing onerous or impossible contracts.In this article, partners Nick Gall, Evelyn Chan, Kenix Yuen and Trainee Solicitor Adriel Wong explore whether a force majeure clause applies to COVID-19 and to a party's performance, and the various actions to take if a party considers that it is entitled to invoke a force majeure clause.