Insights on the latest developments in cross-border dispute resolution – the new Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)
On 26 February 2024, Richard Yip and Samantha Lau spoke on changes to cross border dispute resolution in light of new legislative amendments now in force in Hong Kong at the office of Messrs Hastings & Co.
The long-awaited Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645) came into effect in late January 2024. Our members, Richard Yip and Samantha Lau, both experienced practitioners in cross-border disputes, delivered an insightful CPD talk in Putonghua, discussing the new ordinance which will supersede the old regime (Cap 597), and whereby PRC and Hong Kong judgements could be registered and enforced in both jurisdictions upon fulfilling certain requirements. With increased certainty and predictability, the new ordinance is expected to bring about significant reductions in time and legal costs for parties seeking cross-border enforcement of judgments.
Inquiries on the how to best take advantage of the new regime, as well as any other related cross-border dispute resolution matters, can be made to the Practice Development team at Denis Chang’s Chambers.
Richard Yip
“One of the strongest junior barristers around, his stand-out qualities include an excellent handle on the detail, an insightful legal mind, and sound commercial sense.”
Legal 500 Asia-Pacific 2021 – 2024, Commercial Disputes — Leading Juniors, Tier 1
Richard has a broad civil practice with a focus on shareholder disputes, commercial litigation, financial regulation, competition law and personal injuries. He joined Denis Chang’s Chambers in 2011. Prior to joining the bar, Richard was a corporate finance solicitor at Herbert Smith Freehills.
He represented four respondents in the second case before the Hong Kong Competition Tribunal, where the economic efficiency defence was raised for the very first time in Hong Kong. He was also involved in a number of substantial shareholder disputes, including Acropolis Ltd v W&Q Investment Ltd, 2018 HKCA 379 (appeal against interlocutory injunction concerning the EGM voting results of a listed company) and Waddington Ltd v Chan Chun Hoo Thomas, HCA 3291/2003 (trial of a double derivative action).Richard is also actively involved in the community and academia. He is a part-time lecturer at the University of Hong Kong.
Visit Richard’s profile for more details.
Samantha Lau
Samantha graduated from the University of Hong Kong with double first-class degrees in law and government, before attending Harvard Law School for postgraduate studies, where she graduated with a top prize for her essay on equality law. She later served as a judicial assistant of the Court of Final Appeal of Hong Kong, before being awarded the Hong Kong Bar Scholarship. She is also called to the Bar in New York.
Samantha accepts instructions in all areas of Chambers’ practice. She has a wide civil practice with an emphasis on civil and commercial litigation, as well as international arbitration. She has experience in arbitration before SIAC, LCIA and HKIAC.
Samantha is able to provide legal advice and conduct hearings in English, Mandarin and Cantonese.
Visit Samantha’s profile for more details.
This article was first published on 6 March 2024.
Disclaimer: This article does not constitute legal advice and seeks to set out the general principles of the law. Detailed advice should therefore be sought from a legal professional relating to the individual merits and facts of a particular case. The photographs which appear in this article are included for decorative purposes only and should not be taken as a depiction of any matter to which the case is related. The views and opinions expressed in this article/material are solely those of the members authoring it and do not necessarily reflect the official policy or position of Denis Chang’s Chambers, or of any other member or members of Denis Chang’s Chambers.