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I Rest My Case
Neil Kaplan CBE QC SBS is a British subject who has been engaged for over 40 years in dispute resolution as a barrister in England, a government lawyer in Hong Kong, a practising Queen's Counsel in Hong Kong, and a Judge of the Supreme Court of Hong Kong in charge of the Construction and Arbitration List.Since 1995, Neil has practised solely as an international arbitrator.This is the story of his life.
A Special Standing in the World
The history of the Faculty of Law at HKU is in many ways the history of the law in modern Hong Kong. Founded in 1969, the Faculty has helped transform a colonial legal backwater into a flourishing jurisdiction, in which Hong Kong maintains its common law system as a special administrative region of the People’s Republic of China. The Faculty has played a vital part in fostering a legal profession firmly rooted in Hong Kong, functioning in both Chinese and English. Its early teachers pioneered scholarship on Hong Kong law. Its graduates now make up over half of Hong Kong’s Judiciary and legal profession. Over the years the Faculty has earned worldwide recognition as a centre of research i...
International Commercial Arbitration
The collected papers in ICCA Congress Series no. 11, as reflected in its title, address important contemporary questions in international commercial arbitration. Included are contributions written by participants in the UNCITRAL Working Group on Arbitration and Conciliation on its current work on the requirement of a written form for an arbitration agreement, interim measures of protection and UNCITRAL?s Model Law on International Commercial Conciliation. Further contributions give leading practitioners? views on illegality in the formation and performance of contracts or in the conduct of the arbitration, examining questions on how the arbitral tribunal should deal with these vexed issues a...
Comparative Recognition and Enforcement
This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.
From Hackney to Hong Kong—The Story of a Lucky Man
This is the anecdotal story of Clive Grossman SC and his travels from his birthplace in Hackney in London during the Second World War to what was then Southern Rhodesia. He describes his life in Rhodesia and what later became Zimbabwe, growing up there, schooling, working as a clerk then university in Cape Town, practice at the Bar, his time in the military, and eventually his trip to Hong Kong which resulted in an invitation to work in the Attorney General’s Office and a life thereafter at the Hong Kong Bar.
Arbitrability
As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous...
New Horizons in International Commercial Arbitration and Beyond
ICCA's Congress Series No. 12, reflecting the contributions of numerous renown arbitration experts to the 2004 ICCA Beijing Conference, commences with an overview of the current international arbitration regime in China and Hong Kong, noting both the progress that has been achieved and the work that remains to be done there. The remainder of the volume comprises two sets of papers on contemporary substantive and procedural issues in international commercial arbitration. The first set contains in-depth reports on the topical subjects of arbitration of foreign investment disputes, the granting of provisional or interim measures with respect to arbitration and the enforceability of awards, supplemented by commentary from the point of view of various specializations and regions. The second, also using the format of reports and commentary, addresses modalities of conciliation and settlement in relation to arbitration, including various non-binding (ADR) processes, issues (drafting step clauses and confidentiality) in integrated dispute resolution systems, which may combine conciliation and arbitration, and the role of arbitrators as settlement facilitators.
