While confidentiality in arbitration proceedings is broadly protected under the Arbitration Ordinance and common law, there are nonetheless exceptions where disclosure is permitted. More importantly, it should not be assumed that disputes over disclosure of confidential material relating to arbitrations conducted will necessarily be heard by a Hong Kong Court or determined in accordance with the law.
Case analysis: Tam Sze Leung & Ors v Commissioner of Police [2021] HKCFI 3118
Jonathan Gray and Geraint Ho discuss essential considerations that parties who wish to start litigation proceedings should bear in mind
Proper Plaintiff rule results in dismissal of application prohibiting holding out as company CEO
When making applications to the court, the duty of full and frank disclosure ought to be considered – as failing to comply can result in sufficient grounds to discharge or refuse an otherwise successful application
Dispute Resolution FAQ | Key factors to note about the litigation process once court action has commenced
Dispute Resolution FAQ | Essential considerations before bringing a civil claim to court in Hong Kong
A Quick Guide to third-party funding of litigation and arbitration in Hong Kong – when, and what, is permissible, and what is not.
Christopher Hooley & Jonathan Gray discuss shareholder agreements and eventual disputes. How to strategize and implement necessary contractual protections.
Jonathan Gray and Matthew Love discuss the topic of freezing orders and Anton Pillers in Hong Kong. They highlight key considerations and pitfalls when applying for such orders.