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Court considers meaning of “practical completion” in building contract
03 September 2019, Construction, Newsletter, by Joseph Chung,

In University of Warwick v Balfour Beatty Group Ltd [2018] EWHC 3230 (TCC) England’s Technology and Construction Court had to determine whether the liquidated damages provisions… LEARN MORE

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Challenging arbitral awards on the ground of serious irregularities
03 September 2019, Construction, Newsletter, by Kwok Kit Cheung,

In Maeda Kensetsu Kogyo Kabushiki Kaisha & Anor v Bauer Hong Kong Ltd [2019] HKCFI 1006 (see article above), the Plaintiffs also challenged several of the Arbitrator’s interim… LEARN MORE

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Court considers time limits and conditions for leave to appeal arbitral award on a question of law
03 September 2019, Construction, Newsletter, by Kwok Kit Cheung,

In Maeda Kensetsu Kogyo Kabushiki Kaisha v Bauer Hong Kong Ltd [2019] HKCFI 1427, the judge granted leave for the Defendant to appeal against her own decision to remit an arbitral… LEARN MORE

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Mosquito breeding on construction sites – does an appointed contractor have a defence?
03 September 2019, Construction, Newsletter, by Stanley Lo,

In the recent appeal case of HKSAR v Kwan On Construction Co. Ltd. (HCMA 358/2018), the Court of First Instance examined the duties of an appointed contractor of a construction… LEARN MORE

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Challenging arbitral awards on questions of law
03 September 2019, Construction, Newsletter, by Kwok Kit Cheung,

In Maeda Kensetsu Kogyo Kabushiki Kaisha & Anor v Bauer Hong Kong Ltd [2019] HKCFI 916,the Court of First Instance dealt with an appeal against an interim arbitral award on… LEARN MORE

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HKIAC amends its Rules to waive fees in certain ad hoc arbitrations in Hong Kong
03 September 2019, Construction, Newsletter, by Justin Yuen,

With effect from 1 August 2019, the HKIAC has amended the Arbitration (Appointment of Arbitrators and Mediators and Decision on Number of Arbitrator) Rules, Cap 609C (the Rules),… LEARN MORE

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Bank’s employee convicted of bribery for soliciting profit sharing

On 20 August 2019, District Court Judge Gary Lam Kar-yan handed down a confiscation order of approximately $1.46 million from a former associate director of the Hong Kong Branch… LEARN MORE

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Can section 182 operate to prevent a company being excluded from a joint venture project?

Section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) states that after the commencement of winding up proceedings, any disposition of the… LEARN MORE

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The interface between arbitration clauses and winding up petitions – The Court of Appeal comments

In Re Southwest Pacific Bauxite (HK) Ltd [2018] 2 HKLRD 449, the Honourable Mr Justice Harris held that a petition to wind up a company on the ground of insolvency should “generally… LEARN MORE

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Court of Appeal confirms constitutionality of money laundering provisions

In our 8 September 2015 newsletter, we reported a judicial review application made by Interush Limited on the constitutionality of ss. 25(1) and 25A of the Organized and Serious… LEARN MORE

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