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Case Note: Family Company Derivative Feud
In Hong Kong, families often hold properties and businesses through corporate vehicles, with family members also being shareholders and directors of the company. This creates a particular set of problems when those members take an informal approach to the management of company affairs….
The Quiet Experiment in the Hong Kong Competition Law
The Hong Kong Competition Ordinance, Cap. 619 came into effect just over seven years ago. Designed to promote and protect competition in the market and prohibit anti-competitive conduct…
The Buck Stops Where? The Hidden Risks for Directors
Whilst a company and its directors remain separate legal entities, the winding-up of the business does not always result in a risk-free outcome…
Can COVID-19 be an escape door for a commercial lease? Risk allocation in times of uncertainty.
Risk is integral to running a business. The recent decision in Sunbroad Holdings Ltd v A80 Paris HK Ltd and Another reaffirms the significance of risk allocation under a commercial lease…
Escalation Clauses: How to Avoid the Pitfalls
Escalation clauses (also known as multi-tiered arbitration clauses) are an increasingly common feature across a multitude of commercial agreements….
Ponzi and Pyramid Schemes: Too Good To Be True?
In the recent decision of Securities and Futures Commission v DFRF Enterprises LLC & Ors, the court addressed and redressed a Ponzi and Pyramid Scheme…
Case Note: Fong Chak Kwan v Ascentic Limited & Ors [2022] HKCFA 12
The meaning of the word “damage” is notoriously nebulous. So much so that the debate in the last two decades over…
Case Note // Lam Kin Chung v Soka Gakkai International of Hong Kong Limited [2022] HKCA 480
Mr KC Lam, a member of Soka Gakkai International of Hong Kong Limited, a charitable company …
Enforcement of Arbitral Awards: Recent Approaches in the Hong Kong Court
Hong Kong court has long been known for its “pro-arbitration” and “pro-enforcement” policy…
ARBITRATION OUTCOME-RELATED FEES: NO WIN, NO FEES, NO WORRIES?
The Arbitration and Legal Practitioners Legislation (Outcome Related Fee Structures for Arbitration) (Amendment) Bill 2022…