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——The Hong Kong Court's Latest Position: This Is a Question of Admissibility, and the Court Has No Power to Review It.In a satellite development contract dispute, one party sought to set aside an arbitral award on the ground that the parties had not first negotiated before proceeding to arbitration as agreed. The Hong Kong Court's judgment was unex
Lessons from a "Reversal" CaseIn foreign-related arbitration, the question of applicable law is often dismissed as a "technical detail," but a case I handled demonstrates that it can be decisive as to jurisdiction—and even determine the outcome of the entire case. Used well, it is a friend; overlooked, it is a foe.The Facts: A "Sealed" Contract Tha
An HKD 83 million payment—supported by a loan agreement, bearing interest, and with a standalone repayment mechanism. The company confidently commenced proceedings in the Mainland courts, only to be told, "This is not for us to hear," and that the dispute could only be resolved by arbitration in Hong Kong.This was not the court shirking its respons
A cross-border trading entrepreneur holds 60% of the shares in a Hong Kong company, with the remaining 40% held by a natural person shareholder. He intends to transfer 20% of his shareholding to a relative. Having heard that “Hong Kong has no statutory pre-emption right,” he proceeded directly to sign a transfer agreement. However, after reviewing
Introduction: A equity transfer payment of RMB 1 million landed in Mr. Li’s account. He assumed that because Hong Kong does not levy tax, no one in the Mainland would look into it. It was not until the tax authority called that he discovered—this was far from simple.A Real CaseMr. Zhang is a Chinese resident and held a 30% equity interest in a