DVC members Calvin Cheuk and Kaiser Leung‘s three-part articles on “Hong Kong v English Construction Laws: Distilling the Differences under the Two Regimes.” have been published in Hong Kong Lawyer as Features articles in the Nov, Dec 2023 and Jan 2024 issues. All articles are available in both English and Chinese.
Part I (Nov Issue)
- Procedural differences between the two systems in court proceedings;
- How the English and Hong Kong laws differ in terms of the incorporation requirement of an arbitration clause;
- How the English and Hong Kong courts differ in their approach in granting a stay in favour of arbitration; and
- Procedural differences between the two systems in arbitral proceedings.
Part II (Dec Issue)
- The breakdown of contractual machinery; and
- The impact of failure to issue certificates under a contract.
Part 3 (Jan issue)
- The consequence of denying a defendant an opportunity to rectify its defects; and
- The applicability of liquidated damages post-termination.