Donald Sham

Sep 6, 2023 | lexology.com | Lianjun Li |Donald Sham |Matt Townsend |Teddy To |Eric Xu

On 23 August 2023, the Hong Kong court issued a decision in G v. P [2023] HKCFI 2173 (per the Hon. Mimmie Chan J), where the court refused to enforce an arbitral award for invalid service of the notice of arbitration, which was sent to an incorrect email address that was also different from the one stated in the contract.

Apr 17, 2023 | lexology.com | Lianjun Li |Donald Sham |Matt Townsend |Patrick Chong |Eric Xu |Stacy Lee

On 15 March 2023, the Court of First Instance in CMB v. Fund & others [2023] HKCFI 760 set aside the impugned parts of an arbitral award (Award) on the ground that there was no dispute between the parties to the arbitration agreement that could confer jurisdiction on the arbitrator. BackgroundArbitration requires party consent. Parties usually do so by entering into an agreement to refer to arbitration any dispute arising “out of or in relation to” their wider contract(s).

Mar 14, 2023 | lexblog.com | Lianjun Li |Donald Sham |Angus P. Yu

Introduction In Perusahaan Perseroan (Persero) Pt Pertamina v Trevaskis Ltd and Others [2023] HKCFA 5, the Appeal Committee of the Court of Final Appeal (“CFA”), upon hearing submissions from both parties on 16 February 2023, granted leave to Perusahaan Perseroan (Persero) Pt Pertamina (“Plaintiff”) to appeal to the full court of the CFA on the following question of great general or public importance (“GGPI”) relating to the Convention on Limitation of Liability for Maritime Claims 1976...

Mar 14, 2023 | lexology.com | Lianjun Li |Donald Sham |Angus P. Yu

Introduction In Perusahaan Perseroan (Persero) Pt Pertamina v Trevaskis Ltd and Others [2023] HKCFA 5, the Appeal Committee of the Court of Final Appeal (“CFA”), upon hearing submissions from both parties on 16 February 2023, granted leave to Perusahaan Perseroan (Persero) Pt Pertamina (“Plaintiff”) to appeal to the full court of the CFA on the following question of great general or public importance (“GGPI”) relating to the Convention on Limitation of Liability for Maritime Claims 1976...