Click here to view the June 2014 issue of Deacons' Litigation and Dispute Resolution Newsletter. Articles this month include:
First ever proceedings brought against the HKIAC dismissed by the High Court, by KK Cheung
On 18 March 2014, Hong Kong's High Court (Court of First Instance) dismissed proceedings against the Hong Kong International Arbitration Centre ("HKIAC") brought by a Mainland individual. Full article
The Court of First Instance refused to reverse a decision made by trustees in bankruptcy in assessing a bankrupt's reasonable domestic expenses, by Richard Hudson and Benjamin Ng
A bankrupt can be required to pay a portion of his income earned during the bankruptcy to his or her trustees by way of a contribution to the bankrupt estate. Such payments can be fixed by the court pursuant to section 43E of the Bankruptcy Ordinance (Cap 6 of the Laws of Hong Kong) or agreed between the bankrupt and the trustees on an informal basis, and are calculated after assessing the bankrupt's reasonable expenses. Full article
Competition Law Update, by Gilbert Leung
On 14 June 2012, certain provisions in the Competition Ordinance (Cap. 619) came into effect, including the establishment of the Competition Commission and the Competition Tribunal. Full article
Case confirms that Hong Kong Courts are pro-enforcement as regards arbitration awards, by KK Cheung
The case of X Chartering v Y, HCCT 20/2013, 3 March 2014, demonstrates once again that Hong Kong Courts are pro-enforcement when it comes to arbitration awards. Full article
Magistrates' Courts Proceedings in Hong Kong, by Benny Ho
The Magistrates' Courts in Hong Kong deal with criminal cases. They also deal with summonses issued by a Magistrate as a result of information laid by the Labour Department, the Companies Registry and the Securities and Futures Commission. Corporate clients may therefore find themselves ending up in the Magistrates' Courts. Full article
AGMs and laying of accounts non-compliance issues: companies preparing for listing should take note, by Vivien Leung
Over the past year, the Hong Kong High Court has rejected a number of applications for relief sought in relation to non-compliance with statutory requirements for the holding of Annual General Meetings ("AGMs") and the laying of accounts. Applicants may now have to additionally justify the necessity of the relief, e.g. by establishing a risk of prosecution if relief is refused. Full article
Updated Guides to Arbitration
We have recently updated our guides to Hong Kong and Mainland China arbitration and these are available on our website.