Adam Hugill, Jonathan Gray and Matthew Love discuss Hong Kong’s civil litigation structure, including trials, costs, procedures and enforcing judgments.
The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR (the Arrangement), which was signed on…
Mediation and arbitration can be very effective options for the resolution of art law related disputes, especially for those who prefer not to disclose sensitive or confidential information in open court.
Once an award has been issued by the tribunal, it must then be applied in order to be enforced in Hong Kong or internationally in a foreign jurisdiction.
Arbitrators have powers similar to Hong Kong courts in granting remedies, but parties are generally unable to appeal or challenge awards issued by tribunal.
Before arbitrating legal disputes, it’s important to understand how its unique procedural and award system make it a popular alternative dispute resolution.
The Interim Measures Arrangement marks a new milestone in the Governments’ effort in safeguarding interests of arbitration parties.
Common issues for art law include valuation, how to protect and acquire ownership of Intellectual Property Rights in art, cross-border transfer and more.
It is reassuring for settlors to know that the Hong Kong courts hold professional trustees to a very high standard when exercising their fiduciary duties. Strong protection from the courts may be another reason why professional trustees may be preferred.
Sometimes the judgements can only be satisfied after they are enforced, and the winning party has different options how to do this in Hong Kong.