First Laser Ltd v Fujian Enterprises (Holdings) Co Ltd: A case of uncommon choice (of law)?

Abstract

First Laser was a dispute that was litigated both in the PRC and Hong Kong, the outcome being different depending on whether PRC or Hong Kong laws applied. The issue of the law applicable to the dispute was consequently critical, and is the focus of this article. The article is written from the common law perspective, and reviews principally the judgment of the Court of Final Appeal as written by Lord Collins of Mapesbury NPJ. The equivalent PRC conflict rule and its application by the Supreme People's Court are considered to demonstrate that they differ fundamentally from the common law rule and approach, and to question whether the Court of Final Appeal was indeed bound to decide the same way as the Supreme People's Court.