The Chief Justice on 25 March 2020 responded to concerns about the continuing general adjournment of legal proceedings (known as “GAP”) during this public health crisis by foreshadowing the greater use of technology.  The use of technology can prevent both the unnecessary gathering of crowds, and also assist in managing the significant backlog of cases arising from the general adjournment of courts.

We have closely watched the announcements and updates in anticipation of this health crisis inspiring new initiatives that will allow the legal profession to continue to operate during these uncertain times. Though there has been a slow transition towards the use of technology by the judiciary, Gilt Chambers has adapted and embraced new ways of working to ensure we remain available to our colleagues and clients. To read more about this in depth see the full article linked below.

Update on Court closures and future proceedings by technology

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In OCBC Wing Hang Bank Ltd v Kai Sen Shipping Company Ltd [2020] HKCFI 375, the Hong Kong High Court considered an application by the defendant shipowner for a stay of the Hong Kong proceedings to arbitration. In a decision containing an orthodox analysis of the rules for determining the governing law of the arbitration agreement, the incorporation of arbitration agreements into bills of lading by reference, and submission to arbitration, the Court denied the application.

Nick Luxton counsel for the successful plaintiff back in the application, and member of Gilt Chambers wrote a review of the case on arbitration.site which can be found at this link

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Nick Luxton has been recognised for his excellence, ability and expertise in Maritime, Shipping and Transport Law by being named as a leading Junior Counsel in the Doyle’s Guide 2020.

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Congratulations to Kim Rooney who was recently appointed as the Chairperson for the Hong Kong Bar Association’s Arbitration Practice Committee (CArb).

We’re proud to have a member who is committed to the development and excellence of arbitration in Hong Kong.

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