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In the case Tam Sze Leung v Commissioner of Police [1], the Hong Kong Court of Final Appeal (“CFA”) unanimously upheld the “Letters of No Consent” (“LNC”) regime, as operated by the police under the Organized and Serious Crimes Ordinance (Cap. 455) (“OSCO”).
Confidentiality: Companies and commercial institutions are very often reluctant to disclose the commercial information underpinning their disputes, which may involve trade secrets, internal decision-making process, and competitive practices. Court litigation will often be open to the public and press, and certain documents filed with courts may also be inspected; whereas in normal circumstances arbitral proceedings are private and kept confidential.
Jessie Tizard and Jenny Fok discuss a recent Hong Kong case in which it was determined that unless and until there is a crystallised “dispute”, there is nothing to refer to arbitration. While that may seem obvious, this is the key lesson from the recent (and somewhat unusual) case of CMB v Fund and others [2023] HKCFI 760 in the Hong Kong High Court.
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