Governing Law and Dispute Resolution in Mainland China - Hong Kong Contracts

Date and Time: 2026/07/16 | 14:30 - 17:30
Location: Chamber Theatre, 22/F United Centre
Language: Cantonese

Details

To enhance the handling of cross-border civil and commercial disputes between Mainland China and Hong Kong, the Arrangement on Reciprocal Recognition and Enforcement of Civil and Commercial Judgments (“New Arrangement”) came into force on 29 January 2024. The New Arrangement significantly expands the scope of mutual recognition and enforcement of judgments between the two jurisdictions, covering a wide range of civil and commercial matters, including certain intellectual property disputes. Compared with the previous 2008 arrangement, the New Arrangement: • Broadens the categories of enforceable judgments • Reduces the need for parallel proceedings in both jurisdictions • Lowers the time, cost, and uncertainty of cross-border enforcement At the same time, it raises important concerns for businesses, such as: Will assets in Hong Kong become more exposed to enforcement by Mainland courts? In addition, the new PRC Company Law, effective from 1 July 2024, introduces enhanced liabilities for investors, including expanded joint and several liabilities and increased regulatory scrutiny for offshore investors. Against this backdrop, the combined impact of the New Arrangement and the new Company Law presents critical implications for Hong Kong businesses investing or operating in the Mainland. Programme Objectives This programme aims to help participants: • Understand the scope and mechanism of the New Arrangement • Examine the key implications of the new PRC Company Law on investor liability • Make informed decisions on governing law and dispute resolution mechanisms when drafting contracts • Minimise legal risks and costs in cross-border transactions Programme Outline 1. Governing Law and Dispute Resolution under the Old Framework • PRC law or Hong Kong law? • Litigation in Mainland China or Hong Kong? • Litigation vs arbitration 2. Key Highlights of the New Arrangement • Does the New Arrangement apply to all cases? - Scope of application - Excluded matters • Are Hong Kong assets still protected? - Will Mainland judgments be automatically enforceable in Hong Kong? - Can Mainland asset preservation orders be enforced in Hong Kong? 3. New PRC Company Law: Impact on Investors • Changes to the registered capital regime and “piercing” liability • Joint liability of former shareholders • Liabilities of shareholders in limited liability companies 4. Interaction between the New Arrangement and the New Company Law • How to choose the governing law? • How to structure dispute resolution mechanisms? 5. Practical Tips for PRC–Hong Kong Business Collaboration • Conducting partner due diligence • Key considerations in contract formation: - Company seal vs signature – which prevails? - Are electronic contracts legally valid? Who Should Attend Business owners and investors, senior management, finance professionals, and executives responsible for contract negotiation and execution. ________________________________________________________________________________ Follow us on LinkedIn: HKGCC Training Academy ________________________________________________________________________________

Speaker

Echo Liu, Partner, Guangdong Zhuoxin Law Firm

Enquiries

Kenneth Wong

Tel:: 28231282
Email:: [email protected]

Notes

- Bookings are only confirmed upon receipt of payment, on a first come first served basis. - Booking transfer is allowed for corporate members with advanced notice, walk-ins are normally not accepted. - The Chamber reserves the right to decline any booking or cancel the event. In such case, a full refund of the participation fee will be issued. - No refund will be made for last minute cancellations or no-shows. If the booking is cancelled at least 7 days before the event, and in such cases the refund will be subjected to a 10% administration fee, or HK$100 deduction, whichever is higher. - Members paying with their BOC HKGCC Visa Card will enjoy a 30% discount on their reservation. The discount is only applicable to the card holder, and does not extend to their guests. The discount cannot be used in conjunction with Chamber Coupons. - A $60 handling fee per person will be charged for all offline bookings (e.g. fax, e-mail, post) for all Chamber events. Go online today by downloading our app or registering on the HKGCC website to save the environment and money. - Priority is given to corporate members. The decision to accept or decline any booking shall be at sole discretion of the Chamber. - The Chamber reserves the right to take photos and/or video recordings during the event. By attending, participants agree to the Chamber doing so, and that the Chamber may use such materials for archival, publicity, and marketing purposes. - Participants agree to indemnify the Chamber and the hosting party all liabilities for property damage, physical injury or death in relation to this event. Participants are advised to take their own insurance against all risks.

Disclaimer

Speakers' presentations at this event are intended for educational purposes only and do not replace independent professional judgment. Statements of fact and opinions expressed during this event are those of the speakers and participants and, unless expressly stated to the contrary, are not the opinion or position of the Hong Kong General Chamber of Commerce, its members, or its committees. The Chamber does not endorse or approve, and assumes no responsibility for, the content, accuracy or completeness of the information presented. Attendees should note that, with the approval of speakers, this event may be recorded, and possibly published on the Chamber's website in audio and/or video formats without further notice.

Recording, duplication or distribution of the contents of the online event is prohibited without prior written permission from the Chamber.

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Notes

Disclaimer