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Articles by Barry Wong
AI In IA
Ask a trained lawyer what an "LLM" is, and what first will come to mind may be a "Master of Laws"; ask a tech-savvy teenager what an "LLM" is, and they most probably will answer "large language model". The former may not be a prerequisite to becoming a qualified lawyer, but knowledge of the latter likely will be crucial for legal practitioners in the coming years. LLMs / Generative AI are on the rise. OpenAI ChatGPT. Microsoft Copilot. Anthropic Claude. Meta AI Llama. Perplexity. Google Gemini. xAI Grok.
AI in International Arbitration: CIARB Guideline on the Use of AI in Arbitration (2025) | JD Supra
Ask a trained lawyer what an “LLM” is, and what first will come to mind may be a “Master of Laws”; ask a tech-savvy teenager what an “LLM” is, and they most probably will answer “large language model”. The former may not be a prerequisite to becoming a qualified lawyer, but knowledge of the latter likely will be crucial for legal practitioners in the coming years. LLMs / Generative AI are on the rise. OpenAI ChatGPT. Microsoft Copilot. Anthropic Claude. Meta AI Llama. Perplexity. Google Gemini. xAI Grok.
"Dividing Line" In Public Policy - Insolvency And Arbitration
A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and the debtor. Should the Court either:- Uphold the parties' agreement to arbitrate (and stay / dismiss the winding-up); or Allow the creditor to continue to pursue the debt in winding-up proceedings?
“Dividing Line” in Public Policy - Insolvency and Arbitration | JD Supra
A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and the debtor. Should the Court either:- Uphold the parties’ agreement to arbitrate (and stay / dismiss the winding-up); or Allow the creditor to continue to pursue the debt in winding-up proceedings?
HK Court Rejects “Arbitral Confidentiality” Argument in Parallel Court and Arbitration Proceedings | JD Supra
In Beijing Songxianghu Architectural Decoration Engineering Co., Ltd v Kitty Kam [2024] HKCFI 1657 (date of reasons for decision: 19 June 2024), the Hong Kong Court of First Instance (“the Court”) dismissed an application for a confidentiality order – made on the basis of confidentiality protected in the arbitration under the Arbitration Ordinance (Cap 609) – to effectively render the Court proceedings and all information relating to a set of related arbitration proceedings confidential...
HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” - what are the “necessary" changes to be made? | BCLP - JDSupra
In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration. The award related to an unsuccessful jurisdictional challenge made before the Tribunal. A single arbitration was commenced in relation to three separate but related contracts.
HK Court Overrules Arbitrator’s Decision in Jurisdictional Challenge | JD Supra
In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of related contracts and two or more of those contracts have different dispute resolution clauses – a situation which the Court recognised as “not infrequently arises in commercial disputes today”.
HK court overrules arbitrator’s decision in jurisdictional challenge - affirmation of “centre of gravity” test in multiple related contracts with different dispute resolution clauses, fiona trust “one-stop-shop” presumption does not apply
SUMMARY In AAA, BBB, CCC v DDD (HCCT 39/2023) [2024] HKCFI 513 (date of decision: 16 February 2024), the Hong Kong Court of First Instance (“the Court”) provides much welcomed guidance on the situation where there is a group of related contracts and two or more of those contracts have different dispute resolution clauses – a situation which the Court recognised as “not infrequently arises in commercial disputes today”.
HK Court Dismissed Application to Set Aside Arbitration Award: Has Arbitration and Litigation Become “a Game of Buying Time and Competing in Resources”? | BCLP - JDSupra
Background The arbitration involved a shareholder dispute of a company which owns and operates a mining and processing project. A Share Purchase Agreement was first entered into in 2013, and subsequently a Shareholders’ Agreement was entered into in 2014. Disputes arose as to the rights and obligations of the parties under the Shareholders’ Agreement.
Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes | JD Supra
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. This is the second article in a series of two articles.
Changes in the payment and adjudication processes regarding variations and time-related disputes
Summary In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. This is the second article in a series of two articles.
Key Developments and Changes in Comparison With the Existing Contractual Security of Payment Regime: Construction Industry Security of Payment Bill 2024 | BCLP - JDSupra
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory security of payment regime for both public sector and private sector construction contracts in Hong Kong. Currently, a contractual security of payment regime is in place for public sector construction contracts only.
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