Cordells Rompotis People

Cordells Rompotis provides bespoke legal services focusing on property and real estate law, contentious and non-contentious construction law, commercial dispute resolution and international arbitration. Our partners have a wealth of experience which includes: Acquisition, funding, construction/development, disposal, leasing and management of all types of commercial real estate in Hong Kong and across many jurisdictions including the PRC, India, Macau, Singapore, Malaysia, Japan and Korea). Resolution of commercial disputes, including construction and property related disputes (civil engineering, energy, building management, lease and rent review and rating issues), general commercial disputes and corporate insolvency and restructuring. Handling complex international arbitration disputes, including experience with a wide rangeRead More →

Penalty Clauses Revisited by the UK Supreme Court Executive Summary As a risk allocation tool, penalty clauses are used across a broad range of commercial contracts. In a recent judgment handed down in the UK, the Supreme Court considered two appeals involving disputes on the validity of provisions contended to have contravened the traditional formulation of the penalty rule – that a clause in a contract would be considered a penalty  and therefore unenforceable where the sum payable represents more than a genuine pre-estimate of loss. In a judgment likely to impact the future formulation of penalty clauses in many commercial contracts, the Court considered that the penalty rule was an “ancient haphazardly constructed edifice which has not weathered well”, findingRead More →

An Overview Of Special Stamp Duty, Buyer’s Stamp Duty And Ad Valorem Stamp Duty Introduction Over the past few years the Government of the Hong Kong SAR has introduced a number of amendments to the stamp duty regime with the intention of cooling an over-heated property market.  The measures introduced comprise: Special Stamp Duty (SSD). Payable on any residential property acquired by a company or an individual and resold within: 24 months, if the property was acquired between 20 November 2010 and 26 October 2012; or 36 months, if the property was acquired on or after 27 October 2012. SSD is assessed at rates varyingRead More →

The Consequences of Companies Merging During Arbitration Proceedings A v B [2016] EWHC 3003 Arbitration is a consensual process. Only the parties to the arbitration agreement are bound by it. Problems may arise, as in this case, when one of the parties to the arbitration agreement had merged or amalgamated into another entity, especially when the merger or scheme of amalgamation takes effect during an on-going arbitration. In some civil law jurisdictions, a corporation can universally succeed to the rights and obligations of another corporation, whereas under English law, the “succession” has to be carried out by way of novation or assignment of contractual rights.Read More →

Lessons in Complex Construction Litigation Chun Wo v Metta Resources Ltd [2016] HKCFI 1357 There have been a number of comments from construction industry participants in respect of the recent decision of the High Court in Hong Kong in this case. The following commentary provides an account of the project, the decision, and the Court’s comments in relation to management of construction litigation. Background Tsz Shan Monastery is a large Buddhist temple located in Tai Po, surrounded by mountains and the sea. The construction, development and operation of the Monastery was supported by the Li Ka-shing Foundation.  The defendant, Metta Resources (“Metta”), the was the employer of the project.  The dispute arose out of theRead More →

Court of Appeal Revisits Model Law Setting Aside Provisions Tronic International Pte Ltd v. Topco Scientific Co. Ltd & Ors [2016] HKCA 371 In a judgment delivered by the Hong Kong Court of Appeal in mid-August 2016, the Court dealt with Article 34(2)(a)(ii) of the UNCITRAL Model Law (the “unable to present his case” ground) and Article 34(2)(a)(iii) (the “decided matters beyond the scope of the submission to arbitration” ground) of the UNCITRAL Model Law. Background The appeal was brought by the plaintiff against the first instance order of Au J refusing to set aside a final ICC arbitral award rendered in favor of theRead More →

Hong Kong Court Supports Enforcement of Arbitration Award KB v S and Others [2015] HKCFI 1787 Executive Summary This recent decision from Madam Justice Mimmie Chan in the High Court of Hong Kong concerns a summons issued by three companies to set aside an order granting leave to enforce two arbitral awards made against them in a Hong Kong arbitration subject to the repealed Arbitration Ordinance Cap 341. The decision provides useful guidance to the Court’s approach to facilitation of the arbitral process and enforcement of arbitral awards, holding that the Respondents’ summons constituted an abuse of process.  The summonses were struck out and theRead More →

An anti-suit injunction should be granted to protect the parties’ bargain under an arbitration clause Ever Judger Holding Co. v Kroman Celik Sanayii Anonim Sirketi [2015] HKCFI 602 Executive Summary The Plaintiff sought an anti-suit injunction on the ground that proceedings in Turkey had been brought in breach of an exclusive jurisdiction clause providing for arbitration in Hong Kong. The Court granted the injunction in order to protect the parties’ bargain under the arbitration clause.  The Court held that there was no reason why its discretion should not be exercised in such a way, provided that the relief is sought promptly; before the foreign proceedings are tooRead More →

Article 34 Of The Model Law: Public Policy And Remission To An Arbitrator Where A Material Point Is Not Dealt With By The Tribunal A v B [2015] HKCFI 1077 Executive Summary This case concerned an application by the Plaintiff to set aside an arbitral Award made against it in 2014 in a Hong Kong arbitration.  The First Instance decision affirms that where a material point in dispute is not dealt with by an arbitrator, an award may be remitted to the tribunal if the failure to consider the point leads to substantial unfairness and injustice and reinforces the need for the points at issue inRead More →

Could Arbitrations Be Held Where Agreements Nominated China As The Seat And Chinese Law As Governing Law? Z v A [2015] HKCFI 228 In Z v A, the Court of First Instance considered whether arbitrations could be held in Hong Kong, with Hong Kong as the applicable lex fori, where the agreements containing the arbitration clauses nominated China as the seat of arbitration and Chinese law as the governing law of the agreement. The parties entered into two agreements which contained the following clauses: “In case of breach of any of the Articles of this agreement by either of the parties…those Parties agree to arbitration as perRead More →