How Should the Buyer Deal with the Overdelivered Part of the Seller's Delivery?

2020/1/8

The buyer may accept or reject the goods overdelivered by the seller. If the buyer accepts the overpaid part, the payment shall be made at the price agreed in the contract; If the buyer refuses to accept the overdelivered part, it shall promptly notify the seller.

If the buyer refuses to accept the overpaid portion and keeps the overpaid portion in good faith, the buyer shall have the right to require the seller to pay a reasonable storage fee.

The seller shall be liable for any loss not caused by the buyer's intention or gross negligence during the storage period.

If the Pre-Arbitration Procedure Has Not Been Completed, Will the Arbitral Award Be Set Aside?

2026/10/14 14:42:38

——The Hong Kong Court's Latest Position: This Is a Question of Admissibility and the Court Has No Power to Review It.In a satellite development contract dispute one party sought to set aside an arbitral award o..

The Application of Law in Foreign-Related Arbitration: Friend or Foe?

2026/10/14 14:40:52

Lesso from a "Reveal" CaseIn foreignrelated arbitration the question of applicable law is often dismissed as a "technical detail" but a case I handled demotrates that it can be decisive as to j..

Why an HKD 83 Million "Loan" Was Held to Fall Within Arbitration: The Jurisdictional Trap in Cross-Border Construction Disputes

2026/10/14 14:39:19

An HKD 83 million payment—supported by a loan agreement bearing interest and with a standalone repayment mechanism. The company confidently commenced proceedings in the Mainland courts only to be told "This is..