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Hong Kong Civil Procedure 2022

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Product ISBN: 22220001
Status: Out of stock (Delivery time : 1 - 2 weeks)
HK$11,930.00

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"The Hong Kong White Book is the standard point of reference for the rules of civil procedure in this jurisdiction and, as such, an indispensable tool for the well-prepared litigator." - The Hon. Mr Justice Joseph Fok P.J. (Editor-in-Chief)
 
Using the White Book could easily save firms HK$20,000 a day” - Martin Rogers (General Editor)
 
Hong Kong Civil Procedure (Hong Kong White Book) is 20 years old!
 
Endorsed by the Hong Kong Judiciary, Hong Kong Civil Procedure 2022 (Hong Kong White Book) is the definitive reference manual on the rules of civil procedure and practice in Hong Kong.
The commentary to each Order of the Rules of the High Court, as well as to the Arbitration Ordinance, Mediation Ordinance and specialist Ordinances on legal practice, have been carefully reviewed and annotated by the talented pool of 95 specialist practitioners.
 
The Hong Kong White Book 2022 is now published in five handy volumes (Volumes 1, 2, 3, Court Forms and Tables and Index).

table of content

Volume 1 (Parts A)
• Order 80 - Director of Social Welfare v LNT [2021] HKCFI 587 is of importance particularly given views on the potential appointment of the Official Solicitor as a guardian ad litem in situations where there appear to be limited resources.
 
Volume 2 (Parts B–T)
• New commentary to the Competition Tribunal Rules and Competition Ordinance related to the practice and procedure before the Competition Tribunal.
 
Volume 3 – Arbitration and ADR (Parts U–V)
• The Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, which was signed on 27 November 2020, and has been fully in operation since 19 May 2021. The supplemental arrangement deals with certain limitations in the original arrangement relating to the reciprocal enforcement of awards. This includes now allowing the parallel enforcement of awards in Hong Kong and the PRC, and the enforcement of PRC awards in Hong Kong is no longer limited to those made in arbitrations administered by certain recognised Mainland arbitral authorities, but extends to awards made pursuant to the PRC Arbitration Law including those made in PRC seated arbitrations administered by international arbitral institutions.
 
• The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region, which came into effect on 1 October 2019. This arrangement is significant for making Hong Kong the first (and only to date) seat of arbitration outside Mainland China where the parties can access the PRC court system in pursuit of interim measures in aid of offshore arbitration.
 
• The Outcome Related Fee Structures (ORFS) for Arbitration Consultation Paper published in December 2020. In summary, it is proposed that Hong Kong legal prohibitions should be lifted on lawyers entering into ORFS for arbitration including to allow conditional fee arrangements (also known as “success fees” or “no win, no fee” or “no win, low fee” agreements depending on their structure) with appropriate safeguards.
 
• Important case include - 
OE1 v SC [2020] HKCFI 2844 concerning the tribunal's power to issue an addendum to an award due to a mistake under article 33.
A rare Hadkinson order was imposed in La Dolce Vita Fine Dining Group Holdings Ltd v Zhang Lan [2020] HKCFI 622 barring a respondent from proceeding with her set aside of award application until she had purged herself of contempt in relation to disclosure under an existing injunction order.
In 廈門新景地集團有限公司 v Eton Properties Ltd [2020] HKCFA 32, the court held that an enforcing court may fashion and grant relief appropriate to the award including where the tribunal had made an award for specific performance for transfer of shares, which had been rendered impossible by a restructuring, the court may grant relief in the form of an order for damages.

The sections concerning whether court proceedings should be stayed in favour of arbitration and court ordered interim measures have also been revised and updated.