White & Case LLP (JD Supra Hong Kong)

Can a valid claim notice issued, on time, referring to one contractual basis, be relied upon where a claim is ultimately pursued on a different ground? In the first authoritative case to consider this issue, the Hong Kong Court of Appeal ruled that it could not.

Courts and arbitral tribunals in many jurisdictions have the power to order contractors to perform building works - to order "specific performance" of a construction contract.  But these powers are rarely exercised.  A recent case from Hong Kong’s highest court considered the approach to be taken when applications for specific performance are made.

In response to the challenges arising from the novel coronavirus (“COVID-19”) pandemic, the Hong Kong Government (the “Government”) has introduced financing support, tax and other temporary relief measures intended to help Hong Kong businesses survive the dramatic short term effects of COVID-19 and assist the Hong Kong economy in recovering after the COVID-19 crisis passes. Measures include...

Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations, but it is vital that the 'rules for measurement' are clearly defined and understood. A recent case from Hong Kong highlights some of the issues that can arise when this is...

The Hong Kong International Arbitration Centre Administered Arbitration Rules 2018 have been introduced to increase procedural flexibility and cost-effectiveness, setting a new standard for international arbitration practice.

Welcome to the Hong Kong page of our Global Employee Equity at a glance series. Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their employment is terminated....

The Hong Kong Stock Exchange has amended its Listing Rules to allow listings of biotech companies that do not meet financial eligibility tests, high growth and innovative companies with weighted voting rights structures, and innovative companies listed elsewhere seeking a secondary listing through a concessionary route.

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...

The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (the "Amendment Ordinance") came into effect on 13 February 2017 seeking to revamp and modernize the winding-up regime in Hong Kong, but does it go far enough?

Stock Option Plans: Employment - Labor Concerns - There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended or discontinued or where their employment is terminated.

The Securities and Futures Ordinance (Chapter 571) ("SFO") regulates the financial products, securities and futures market and industry in Hong Kong. The SFO also provides a comprehensive civil and criminal regime to address misconduct in the financial markets. On 30 September 2016, the Hong Kong Monetary Authority ("HKMA") published a guideline on exercising disciplinary power to order a...

EMPLOYEE STOCK PURCHASE PLANS - EMPLOYEE STOCK PURCHASE PLANS: EMPLOYMENT - Labor Concerns - Employee rights to receive Plan benefits after termination are not restricted by law. However, as a precaution, standard consent and waiver provisions in the enrollment form are recommended. Communications - The translation of Plan documents for employees is not legally required...

This is the Hong Kong chapter of the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide... ..Introduction - On 1 July 1997, Hong Kong became a Special Administrative Region of the People’s Republic of China (the “PRC”), ending more than 150 years of British colonial rule. In general, the laws of Hong Kong as at 30 June 1997 were adopted as the laws of the

On 3 June 2016, the Hong Kong Government gazetted the Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance 2016 (“Amendment Ordinance”). The date of commencement of the Amendment Ordinance will be appointed by the Secretary for Financial Services and the Treasury by notice published in the Gazette. Please see full alert below for more information.

On December 14, 2015, Hong Kong became the latest jurisdiction to prohibit anticompetitive agreements and unilateral conduct. The Competition Ordinance (Ordinance) is Hong Kong’s first cross-sector competition law for this international financial hub. For the first time, the Hong Kong government and private parties have the opportunity to seek damages for anticompetitive conduct under an all-embra

Singapore and Hong Kong have both strived to establish themselves as the "go to" venues for arbitration in Asia, and it seems to be working. Indeed, both seats are beginning to compete with the traditional hegemony of London and Paris. While Singapore has promoted its pro-arbitration stance, Hong Kong has broadened its appeal and streamlined its service. Originally published on South China...

The Hong Kong Court of Appeal has recently handed down a decision in Pacific China Holdings Ltd v. Grand Pacific Holdings Ltd overturning an order of the Court of First Instance to set aside an ICC arbitration award made in Hong Kong. On the facts of the case, the Court of Appeal concluded that there was no violation of due process pursuant to Article 34(2)of the UNCITRAL Model Law. The Court of...

The Hong Kong Securities and Futures Commission (the “Commission”) recently published proposed rules on short position reporting. This followed a lengthy public consultation process. The proposed rules are expected to come into effect on June 18, 2012. As evident from the summary below, there are still a number of areas needing clarification, not least of which are the details of the...