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

TitleFirst Laser Ltd v Fujian Enterprises (Holdings) Co Ltd: A case of uncommon choice (of law)?
Authors
Issue Date2013
PublisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/
Citation
Hong Kong Law Journal, 2013, v. 43, p. 553 How to Cite?
AbstractFirst 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.
Persistent Identifierhttp://hdl.handle.net/10722/189140
ISSN
2015 Impact Factor: 0.215
2015 SCImago Journal Rankings: 0.101

 

DC FieldValueLanguage
dc.contributor.authorOoi, Men_US
dc.date.accessioned2013-09-17T14:27:26Z-
dc.date.available2013-09-17T14:27:26Z-
dc.date.issued2013-
dc.identifier.citationHong Kong Law Journal, 2013, v. 43, p. 553en_US
dc.identifier.issn0378-0600-
dc.identifier.urihttp://hdl.handle.net/10722/189140-
dc.description.abstractFirst 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.-
dc.languageengen_US
dc.publisherSweet & Maxwell Asia. The Journal's web site is located at http://www.hku.hk/law/hklj/-
dc.relation.ispartofHong Kong Law Journalen_US
dc.titleFirst Laser Ltd v Fujian Enterprises (Holdings) Co Ltd: A case of uncommon choice (of law)?en_US
dc.typeArticleen_US
dc.identifier.emailOoi, M: maisie01@hku.hken_US
dc.identifier.authorityOoi, MSL=rp01368en_US
dc.identifier.hkuros224462en_US
dc.identifier.volume43en_US
dc.identifier.spage553-
dc.identifier.epage553-
dc.publisher.placeHong Kong-

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