Publications

⚖️ 𝗣𝗿𝗼𝗽𝗲𝗿 𝗡𝗼𝘁𝗶𝗰𝗲 𝗶𝗻 𝗔𝗿𝗯𝗶𝘁𝗿𝗮𝘁𝗶𝗼𝗻: 𝗟𝗲𝘀𝘀𝗼𝗻𝘀 𝗳𝗿𝗼𝗺 𝗥𝗲𝗰𝗲𝗻𝘁 𝗛𝗼𝗻𝗴 𝗞𝗼𝗻𝗴 𝗖𝗮𝘀𝗲𝘀 📨

23/10/2025

Our Partner, Simon Wong, and Trainee Solicitor, Gloria Siu, have co-authored an insightful article examining how Hong Kong courts interpret and apply the concept of “proper notice” in arbitration — a cornerstone of procedural fairness and due process.

Drawing on recent decisions including 𝘊𝘊𝘊 𝘷 𝘈𝘈𝘊 [2025] HKCFI 2987 and 𝘊𝘊 𝘷 𝘈𝘊 [2025] HKCFI 855, the article analyses how the courts determine whether notice of arbitration has been validly served — particularly where service occurs by email, SMS, or messaging apps. It highlights that Hong Kong courts continue to give effect to agreed notice provisions, emphasising that compliance with contractual procedures will generally suffice even if the recipient later disputes actual receipt.

The article also provides practical takeaways for arbitration users — including the importance of maintaining clear service records, adhering to notice clauses, and exercising diligence in monitoring correspondence to avoid procedural challenges.

Read the full article to understand how Hong Kong courts are shaping the standards of procedural fairness and enforceability in arbitration.