Despite the gap of 20 years between Hong Kong's Construction Industry Security of Payment Ordinance (Cap. 652) and Singapore's Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed), there is much that we can learn from each other. The Singapore Academy of Law Practitioner has published our article on this, available online at the link below. Many thanks to Aaron Kwok and Jolene Tan for their work on this piece. https://lnkd.in/g36niAxr #CMSlaw #constructionlaw #singaporelaw #hongkonglaw #securityofpayment #adjudication #SOPOrdinance #SOPO #SOPAct #SOPA
Comparing Singapore and Hong Kong's Security of Payment Laws
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【Milestone Achieved】 Hong Kong, 14 October 2025 – AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC) is admitted to the Register of Nominating Bodies pursuant to the Construction Industry Security of the Payment Ordinance (Cap. 652) 🎉 We are grateful to the Development Bureau of the Hong Kong SAR Government for their trust. This admission empowers us to deliver fast, professional, and cost-effective adjudication services to the construction industry in Hong Kong. The Ordinance took full effect on 28 August 2025, marking a new era of fair payment, improved cash flow, and smoother project delivery. Key Advantages of AALCO-HKRAC: 1️⃣ Efficient and user-friendly procedures (AALCO Adjudication Rules) 2️⃣ Seamless integration with negotiation, mediation, arbitration & ODR 3️⃣ Transparent and competitive fee structure 4️⃣ Diverse panel of nearly 50 adjudicators (architects, engineers, lawyers) 5️⃣ Experienced case management team (3,000+ cases handled) Director Mr. Nick Chan BBS, MH, JP stated: “We’re honored to be part of this historic transformation. With AALCO’s international experience and local understanding, we aim to support a fairer and more transparent construction industry.” AALCO-HKRAC will continue collaborating with HKIA, HKIE, HKIS and more to train and accredit adjudicators, advancing dispute resolution in the sector. We look forward to supporting the industry in seizing opportunities in the Greater Bay Area and Belt & Road Initiative, strengthening Hong Kong’s role as a legal and dispute resolution hub. 🔗 Learn more: https://lnkd.in/gFSQavKQ https://lnkd.in/gtZSdknt #ConstructionLaw #SecurityOfPayment #HongKong #Adjudication #BeltAndRoad #InfrastructureDevelopment #AALCOHKRAC #Professionalism #RuleOfLaw #FairPayments #ConstructionReform
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We’re excited to announce that Issue 66 of Emden’s Construction Law Hong Kong is now live — and it includes the first local commentary on the newly enacted Construction Industry Security of Payment Ordinance (Cap 652), which came into effect on 28 August 2025. Authored by Dr Arthur McInnis, this update features a rewritten Chapter XXIV on Adjudication, integrating the ordinance’s provisions to provide clearer guidelines for payment security in the construction industry. Key updates in this issue include: 1. Adjudication Provisions – Chapter XXIV now reflects Cap 652, offering clarity on payment disputes. 2. Variation of Rights and Obligations – Analysis of Cobalt Data Centre 2 LLP v Revenue and Customs Comrs [2024] UKSC 40. 3. Contractual Clause Construction – Insights from Dipcon Engineering Services Ltd v Urban Development Corp [2025] UKPC 29. 4. Rebuttable Presumptions – Legal implications from Secretary of State v PCS Union [2024] UKSC 41. 5. Collateral Warranties – Clarification from Abbey Healthcare v Augusta 2008 LLP [2024] UKSC 23. Read about the full update: https://buff.ly/yF6cHp6 Contact us for the latest issue now: https://buff.ly/ox1NpPK #ConstructionLaw #HongKongLaw #LexisNexis #EmdensConstructionLaw #Cap652
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Property transactions in Cambodia can expose buyers and investors to serious risks if the contract lacks clarity, completeness, or compliance with local laws. Before signing, it’s essential to ensure all key points are properly covered from verifying title deeds and confirming legal ownership, to reviewing land classification, payment terms, and registration procedures. A well-drafted agreement should clearly define the parties’ rights and obligations, reflect the property’s true value, and include proper dispute resolution clauses under Cambodian law. As Cambodia’s property market continues to modernize toward 2030, legal due diligence is no longer optional, it’s strategic protection. Engaging experienced legal professionals who understand the country’s real estate framework and cross-border ownership rules can safeguard your investment, prevent costly disputes, and ensure every contract reflects both legal precision and business foresight. 🔔 http://t.me/nephealay 🔔 https://t.me/sovandethtoch
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[𝐒𝐎𝐏𝐎 𝐏𝐚𝐧𝐞𝐥 𝐨𝐟 𝐀𝐝𝐣𝐮𝐝𝐢𝐜𝐚𝐭𝐨𝐫𝐬] We are pleased to share that our Head of Chambers, Lincoln Cheung, has been appointed as Senior Adjudicator to the SOPO Panel of Adjudicators of the AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC). This appointment comes as AALCO-HKRAC joins the Register of Nominating Bodies under the Construction Industry Security of the Payment Ordinance (Cap. 652) ("𝐒𝐎𝐏𝐎"), a new statutory framework designed to improve payment practices and streamline dispute resolution in the construction sector. The SOPO introduces a fast-track adjudication mechanism to resolve payment disputes during ongoing projects. It aims to reduce delays, improve cash flow and provide greater financial certainty for contractors, subcontractors and suppliers. By enabling timely and enforceable decisions, the scheme supports fairer contract performance and helps maintain project momentum, ultimately contributing to a more sustainable and resilient construction industry in Hong Kong. We are grateful to AALCO Hong Kong Regional Arbitration Centre for the opportunity and would also like to thank Nick Chan, BBS, MH, JP, and Dr. Christopher To for their kind support throughout the process. We look forward to working alongside professionals from various disciplines and other accredited adjudicators to advance dispute resolution practices across the sector. The full list of adjudicators empanelled under 𝐒𝐎𝐏𝐎 by 𝐀𝐀𝐋𝐂𝐎-𝐇𝐊𝐑𝐀𝐂 is available here: https://lnkd.in/gFSQavKQ #ConstructionLaw #SOPO #Adjudication #BeltAndRoad #AALCOHKRAC #ConstructionReform #VirtusChambers
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This article by authors Kelvin Aw, Aaron Kwok and Jolene Tan undertakes a comparative study of key provisions of the Building and Construction Industry Security of Payment Act 2004 (2020 Rev Ed) in Singapore, and the Construction Industry Security of Payment Ordinance (Cap. 652) in Hong Kong. It explores the extent to which they reflect their respective legal cultures and policy imperatives. Read the article: https://lnkd.in/gaPPvjbN SAL Practitioner (Construction and Infrastructure): https://lnkd.in/gQvG7JD SAL Practitioner: https://lnkd.in/g5VN2qQv If you wish to contribute to our journals, send in your article to academypublishing@sal.org.sg. #SingaporeLaw #LegalResearch #AcademyPublishing #SAL #SALPrac #ConstructionAndInfrastructure #APInsights
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Security of Payment 🇭🇰 Adjudicator Nominating Bodies. Yesterday, 14 October 2025, the Development Bureau (DEVB) announced the registration of five adjudicator nominating bodies. These organisations are now registered to appoint adjudicators to conduct adjudications of construction payment disputes under HK's new Security of Payment Ordinance: ✅ The Hong Kong Institute of Architects ✅ The Hong Kong Institute of Surveyors ✅ The Hong Kong Institution of Engineers ✅ The Hong Kong International Arbitration Centre, and ✅ Asian African Legal Consultative Organization - Hong Kong Regional Arbitration Centre #now #in #hongkong #construction #sop #securityofpayment #engineering #law #business #management #future
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Professors Christine Farley and Sean Flynn will represent WCL PIJIP at International Law Weekend 2025 in New York City. Their panel, “Progress in International IP? Implications of the Riyadh Design Law Treaty,” will explore the treaty’s impact on small and medium enterprises, designers from developing countries, and traditional cultural expression. Learn more about how global IP norms are evolving — and PIJIP’s role in shaping them: https://lnkd.in/eczh4V2F Hosted by the American Branch of the International Law Association (ABILA). Find out more: https://lnkd.in/ek6nMwaN #InternationalLaw #IntellectualProperty #ILW2025 #ChampionWhatMatters #PIJIP
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We dedicate this week to PPP in Uzbekistan Three parts: 1️⃣ PPP in Uzbekistan: Legal Regulation // Statistics 2️⃣ How PPPs are Implemented in Uzbekistan: mechanisms, stages and risks 3️⃣ PPP Without Mistakes: how investors can operate in Uzbekistan
PPP in Uzbekistan: legal framework, procedures and practice Public-private partnerships have become a key tool for implementing large infrastructure projects in Uzbekistan. However, their attractiveness is fraught with complex legal regulations and significant risks that require detailed legal analysis. As part of this thematic week, together with our partners at Top Advisor (https://topadvisor.biz/ Aleksey Niyazmetov), we will conduct a comprehensive legal analysis of PPPs in three parts: 1️⃣ PPP in Uzbekistan: Legal Regulation // Statistics 2️⃣ How PPPs are Implemented in Uzbekistan: mechanisms, stages and risks 3️⃣ PPP Without Mistakes: how investors can operate in Uzbekistan The first article is available on our website https://lnkd.in/d89dR9ih Andrei Gusev Aleksey Niyazmetov
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𝗗𝗲-𝗿𝗶𝘀𝗸𝗶𝗻𝗴 𝗜𝗻𝘃𝗲𝘀𝘁𝗺𝗲𝗻𝘁: 𝗧𝗵𝗲 𝗖𝗿𝗶𝘁𝗶𝗰𝗮𝗹 𝗜𝗺𝗽𝗼𝗿𝘁𝗮𝗻𝗰𝗲 𝗼𝗳 𝗟𝗮𝗻𝗱 𝗧𝗶𝘁𝗹𝗲 𝗩𝗲𝗿𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻 (𝗖𝗵𝗮𝗻𝗼𝘁𝗲). In Thai property law, the type of land title deed directly correlates with the security of ownership. We strictly advise and transact on properties with a 🏠𝗖𝗵𝗮𝗻𝗼𝘁𝗲 (Nor Sor 4 Jor) title, which provides the highest legal certainty. Our legal due diligence process includes verifying the deed's authenticity and ensuring the physical property boundaries align with the official Land Department records. This step is fundamental to mitigating long-term legal risk for our international clients. 𝗪𝗵𝗮𝘁 𝗶𝘀 𝘆𝗼𝘂𝗿 𝗽𝗿𝗼𝗰𝗲𝘀𝘀 𝗳𝗼𝗿 𝘃𝗲𝗿𝗶𝗳𝘆𝗶𝗻𝗴 𝘁𝗶𝘁𝗹𝗲 𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗶𝗻 𝗳𝗼𝗿𝗲𝗶𝗴𝗻 𝗺𝗮𝗿𝗸𝗲𝘁𝘀? #RealEstateLaw #TitleDeed #InvestmentSecurity #HuaHin #LegalRisk
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Rebalancing Public Policy and Investor Protection: Webuild S.p.A. (Salini Impregilo) v. Argentina(ICSID Award, 28 April 2025) The 2025 ICSID Award in Webuild S.p.A. (formerly Salini Impregilo) v. Argentina is a landmark in addressing the tension between public policy reforms, contractual stability, and compensation standards in infrastructure arbitration. Following a large-scale water infrastructure project, Argentina’s government enacted policy shifts and partial contract cancellations invoking “urgent public interest.” The tribunal held that, while states possess regulatory sovereignty, such powers must comply with international standards of fair and equitable treatment (FET) and the principle of proportionality. Applicable Law: The tribunal applied a layered approach: Argentine law governs contractual and administrative aspects. International law and the Italy–Argentina BIT governed the legality of the state conduct. In case of conflict, international obligations prevail, affirming the primacy of the international law principle. Compensation: Damages were calculated under a Going Concern model but reduced due to the foreseeability of political risks, marking a calibrated balance between investor protection and sovereign policy space. Legal Significance: The award exemplifies a contemporary understanding of dépeçage in investment arbitration, wherein the applicable law is segmented according to the source of the obligation. It further contributes to the comparative discourse on lex contractus versus lex publica. This case underscores the necessity for public policy to be implemented with responsibility, emphasizing that even amidst economic volatility, the rule of law and investor confidence are fundamental to the sustainable governance of infrastructure. #InternationalArbitration #InvestmentArbitration #ICSID #BITs #PrivateInternationalLaw #ConflictOfLaws #RuleOfLaw #PublicInternationalLaw #ArbitrationAward #ISDS #ComparativeLaw #LegalScholarship #InvestmentLaw #StateResponsibility #InternationalJustice #LegalReform #AcademicResearch #ArbitrationPractitioner #InfrastructureLaw #EnergyLaw #AIinLaw #Bahrain #France #UK #LegalCommunity #PhDResearch #ArbitrationInsights
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Partner at CNC Counsel | Construction, Real Estate, Infrastructure & Arbitration Lawyer
1wThank for sharing this insightful topic Kelvin.