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Legal Updates

  • The IBA Guidelines on Conflicts of Interest in International Arbitration

    In response to an ever-increasing number of challenges to arbitrators, the International Bar Association (IBA) assembled a working party to consider and draft Guidelines on Conflicts of Interest in International Arbitration (the Guidelines). The Guidelines were published on 22 May 2004 and were approved by…Read More

  • Protecting Your Key Staff From Poaching

    Mass resignations at ICAP The decision of the High Court of Hong Kong in ICAP (Hong Kong) Ltd. vs BGC Securities (Hong Kong) LLC and others highlighted the importance of having properly drafted post-termination restrictions and of following proper contractual termination procedures. The High Court’s…Read More

  • The Hidden Costs of Buying Insurance – Overlaps in Cover

    Tanner De Witt Legal Update, September 2005 The recent Hong Kong Court decision in Dragages et Travaux Publics (HK) Ltd v RJ Wallace highlights the problems caused when insurance policies overlap. Although the case itself relates to the construction industry, it is highly relevant to…Read More

  • Onerous Contractual Requirements with Regard to Insurance – How can Contractors and Employers avoid Potential Conflicts

    Introduction Increasing costs of insurance and increasing demands from employers have led to some very practical difficulties for contractors. This paper will set out some main underlying themes and then discuss two specific provisions which are currently causing problems for contractors. There is a view…Read More

  • Recent case confirms Joint Ventures cannot be prosecuted under the Construction Sites (Safety) Regulations

    Tanner De Witt Legal Update, December 2005 On 1 December 2005, the Court of First Instance, in HKSAR – v – Hyundai Engineering Construction Company Limited and China Engineering Construction Corporation Joint Venture decided that an unincorporated joint venture could not be prosecuted under the…Read More

  • Overview of Insolvency Law in Hong Kong

    This paper sets out a brief overview of corporate insolvency law in Hong Kong and compares and contrasts the insolvency laws in Hong Kong with those of other jurisdictions. It was discussed at the Insolvency Session of the IATA Legal Symposium 2006. Hong Kong Insolvency…Read More

  • Let’s Be Reasonable: Quantum Meruit and Asian Equivalents

    It is very common for judges and arbitrators to consider one of the following situations: two parties have tried to negotiate the terms of a construction contract but eventually failed to do so, whilst in the meantime, one of the parties has been doing work…Read More

  • Extension of Time Claims in Hong Kong

    Introduction Delay claims are one of the most common areas for disputes in Hong Kong within the construction industry. Despite this, there still appears to be uncertainty about: what to claim; when to claim; and how to claim. Delay claims, even the approach in the…Read More

  • Listing of Securities on the Stock Exchange of Hong Kong Limited

    Qualifications for Listing The basic conditions which have to be met as a prerequisite to the listing of equity Securities on the main board of the Hong Kong Stock Exchange are set out in Chapter 8 of the Rules Governing the Listing of Securities on…Read More

  • Upload, Download

    IP Newsletter, December 2006 The conviction of the first person in the world charged with using BitTorrent technology to infringe copyrighted materials was upheld recently by the Hong Kong High Court. In HKSAR v Chan Nai Ming, HCMA 1221/2005 [2006], Chan Nai Ming uploaded movies…Read More

  • They Stole Our Idea!

    IP Newsletter, January 2007 You bid on a project and presented your proposal. Later, they told you they decided to go another direction. Disappointed, you accept that you can’t win all the time. Then, you find your features incorporated into their project. They changed them…Read More

  • The Cost of Free Proposals

    IP Newsletter, February 2007 Designers dread submitting proposals. Not only is time spent preparing proposals uncompensated, there are inevitably follow-up inquiries and additional uncompensated work required. And clients tend to think they can use concepts pitched without consent or credit given. After wrestling with issues…Read More