Law Conflict of Laws

An Introduction to the Conflict of Laws in Hong Kong, 2nd Edition (Student Edition)

Edited by Alan Gibb · Richard Morris · King Fung Tsang · Kingsley Ong · Wesley Pang · Justin Bong-Kwan
LexisNexis Hong Kong_ May 2020

Specifications

ISBN-13
9789888600953
Publisher
LexisNexis Hong Kong_
Publication
May 2020
Format
Paperback , 200 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

An introduction to the fundamental principles of Hong Kong conflict of laws rules

A high percentage of Hong Kong cases involve a party from outside of Hong Kong, and there is often a strong desire from one of the parties for Hong Kong law to apply to that dispute. Many people also keep substantial assets in Hong Kong and thus it is frequently the case that a plaintiff who has been successful in foreign proceedings will want to enforce this judgment in Hong Kong. Therefore, where a legal dispute in Hong Kong has a foreign element, important issues that can arise are: does Hong Kong law or a foreign law apply and should the dispute be heard in Hong Kong or in a foreign jurisdiction. In addition, if the case goes ahead in a foreign country can this judgment be enforced in Hong Kong? These are some of the significant issues that the rules on conflict of laws are designed to resolve.

As Hong Kong conflict of laws rules are based on English common law rules (which have largely been replaced with European rules that have little relevance in Hong Kong), it can be difficult to find sources on this topic aside from older editions of English textbooks. This text book is designed to address these issues by setting out in a clear, easy to read style the fundamental principles of the subject in a Hong Kong context. Its principal aim is to provide a good basic understanding of the subject which will then enable the reader to develop a more specialist knowledge of the subject.

Chapter 11 on The Intersection of Arbitration and Insolvency in Hong Kong contributed by Kingsley Ong, Wesley Pang and Justin Bong-Kwan

 

Remarks: Student Edition only sell to students. Please submit order first, then email a scan copy of your student ID to [email protected] to prove your student identity and quote your order number. We will process your order then. Please click here to buy professional edition if you are NOT student.

Table of Contents

CHAPTER 1 - SERVICE OUT OF THE JURISDICTION
CHAPTER 2 - CHALLENGING JURISDICTION
CHAPTER 3 - INJUNCTIONS IN TRANSNATIONAL DISPUTES
CHAPTER 4 - JURISDICTION CLAUSES
CHAPTER 5 - ENFORCEMENT OF FOREIGN JUDGMENTS
CHAPTER 6 - BASIC PRINCIPLES OF CHOICE OF LAW
CHAPTER 7 - CHOICE OF LAW IN TORTS
CHAPTER 8 - CHOICE OF LAW IN CONTRACT
CHAPTER 9 - DOMICILE
CHAPTER 10 - RECOGNITION OF FOREIGN MARRIAGES
CHAPTER 11 - THE INTERSECTION OF ARBITRATION AND INSOLVENCY IN HONG KONG

About the Author

Alan Gibb
LLB Queens University Belfast Barrister (England and Northern Ireland) Professional Consultant, Faculty of Law, The Chinese University of Hong Kong

Richard Morris
MA Jurisprudence, Lincoln College, Oxford University MA Theatre Practices, Manchester University Solicitor of the Supreme Courts of England and Wales and of Hong Kong (non-practising) Notary Public (Hong Kong) (non-practising) Professional Consultant, Associate Dean for Alumni and Professional Relations, Faculty of Law, The Chinese University of Hong Kong

King Fung Tsang
SJD (Georgetown) JD, LLM (Columbia) LLM (UCL) LLB, PCLL (HKU) Admitted to practice law in the State of New York, England & Wales and Hong Kong Assistant Professor, Faculty of Law, The Chinese University of Hong Kong

Kingsley Ong
FCIArb, Notary Public & Solicitor (Hong Kong), Barrister & Solicitor-Advocate (England & Wales), Advocate & Solicitor (Singapore), Partner at Eversheds Sutherland

Wesley Pang
Registered Foreign Lawyer (New York, USA), Eversheds Sutherland

Justin Bong-Kwan
Barrister-at-law, MCIArb, Alan Leong SC's Chambers

Reviews

""For practitioners and students who want to understand the essential aspects of conflict of laws without delving into the heavier text of standard reference works, this book is an excellent practical guide." - Allen Leung, Solicitor; Partner, Dentons Hong Kong LLP; Former Chairman of the Hong Kong Law Society's Working Party on Civil Justice Reform; Member of the Law Reform Commission

"I have no doubt that this book will be very valuable both to those who seek a good introduction to the conflict of laws, and am confident that it will soon become a starting point for the study of the subject in Hong Kong." - Aarif Barma, Justice of Appeal, Court of Appeal, High Court of the HKSAR"

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