What Should a Buyer do if There Are Other People Claiming Rights to the Goods Bought by the Buyer?

2020/1/8

The seller is obliged to ensure that no third party claims any rights against the buyer in respect of the goods delivered to the buyer. Otherwise, it constitutes a breach of contract to the buyer, and the seller should bear the liability for breach.

However, if the buyer know or should know that a third party have rights in respect of the goods purchased at the time of signing the contract, the seller is not obliged to guarantee that the third party does not claim rights against the buyer.

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..