CCTL Cross-Border Legal Issues Dialogue Seminar Series -“The Effectiveness of Jurisdiction Clauses in Settling Hong Kong Forum Disputes” (Online)

As an international city, Hong Kong serves as the hub of cross-border transactions and legal disputes. Every day, legal practitioners and business people in Hong Kong are involved in cross-border legal matters, such as private international law, cross-border M&A, and international arbitration.

Cross-Border Legal Issues Dialogue Seminar Series is an initiative by CUHK LAW to provide a forum for practitioners, academics, the business community and the general public to engage in a dialogue on various issues arising from cross-border legal matters. The Dialogue invites leading practitioners and academics to speak on a regular basis on topics on cross-border legal matters, and provides opportunities for interactive dialogue.

The first seminar “ The Effectiveness of Jurisdiction Clauses in Settling Hong Kong Forum Disputes” to be held online on 8 May 2020. Details about the seminar and speaker are as follows.

Given the significant litigation costs incurred and uncertainty of outcome where there is forum dispute in the Hong Kong courts, it would seem logical for parties to insert a jurisdiction clause in a commercial contract with an international element in order to minimise such disputes. This seminar will focus on the attitude of the Hong Kong court to such clauses. It will consider exclusive jurisdiction clauses –what are the legal consequences of non-compliance, under what circumstances will a Hong Kong court refuse to uphold an exclusive jurisdiction clause, to what extent can a third party be bound by such a clause? The Hong Kong’s court approach to deciding whether the clause should be interpreted as an exclusive or non-exclusive jurisdiction clause will also be reviewed. The legal effect of a non-exclusive clause will also be assessed as will the Hong Kong courts attitude to jurisdiction clauses in the context of the Mainland Judgments (Reciprocal Enforcement) Ordinance.

Mr. Alan Gibb, Professional Consultant, Faculty of Law, CUHK

The Hong Kong Law Society has awarded this seminar 1.5 Continuing Professional Development (CPD) points.