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The Bar Council has recently published a guidance note regarding barristers from the same chambers appearing as counsel and arbitrator in the same arbitration. The Bar Council, mindful of concerns raised on this issue by various bodies and international clients who are not accustomed to the “structure and culture of the English bar”, has sought to ensure that the “valuable protection given to clients by the availability of the independent bar is not compromised.” The…

Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment for arbitration guerrillas was swiftly laid down in another pro-arbitration decision by Mimmie Chan J (the Judge in charge of the Construction and Arbitration List of the High Court) in Chimbuso International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited (“Chimbuso”). In Chimbuso, the plaintiff commenced proceedings against the defendant in the Hong Kong Court of…

In China International Fund Limited v Dennis Lau (Secretary for Justice intervening) HCMP 2472/2014, the Hong Kong Court of Appeal held that it is constitutional to exclude the Court of Appeal from deciding whether to give permission to a losing party to appeal a decision of the Court of First Instance concerning its failed application to set aside an arbitral award. The implications behind this case is that only the Court of First Instance judge…

A v B Facts A (a PRC company) entered into a Development and Sales Agreement (“Agreement”) with B (a Cayman Islands company) for the joint development and sale of security solutions for various goods (the “ Products”). Under the Agreement, B was to pay the fees for the development of security products developed by A and purchase the Products. B complained about A’s poor performance and sought to recover the money paid to develop and…