Asia Disputes Notes

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

HONG KONG’S FUNDING LAW NOW IN FORCE

Hong Kong’s long-awaited legislation permitting third parties to fund arbitrations and related proceedings takes effect today. As heralded in our earlier …

HERBERT SMITH FREEHILLS CONTRIBUTES TO LEADING PUBLICATION ON LITIGATION FUNDING

Hong Kong has recently seen a flurry of legislative activity in relation to third-party funding. The long anticipated law allows third parties to fund …

Hong Kong Court of First Instance upholds rule against litigation funding agreements

The Court of First Instance upheld the well-established common law rule against maintenance and champerty in the recent test case of Raafat Imam v Life …

CROSS-BORDER LITIGATION: INTERNATIONAL PERSPECTIVES

We are pleased to release the third issue of our periodic publication "Cross-Border Litigation", designed to highlight legal and practical issues …

Hong Kong allows third party funding for arbitration and mediation

Hong Kong's Legislative Council has passed a law allowing third parties to fund arbitrations seated in the territory, as well as work done in Hong …

Hong Kong Court considers commercial character of funder in context of assessing commercial funding arrangements for companies in liquidation

The case of Re Company A-E [2015] HCMP 2019/2015 demonstrates that the Court will take a practical approach in determining whether a funding arrangement …

Singapore: Third party litigation funding now permissible in the context of insolvency

In the recent landmark decision of Re Vanguard Energy Pte Ltd [2015] SGHC 156, the Singapore High Court confirmed that litigation funding may, in the …

The power behind the throne: costs orders against a non-party

The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the …

Class Actions 2013/2014 – Developments and Trends

Herbert Smith Freehills has recently published the Class Actions Developments and Trends report 2013/2014. Damian Grave, Ken Adams and Jason Betts …

The Year of the Dragon – a litigator's review of key cases and developments

As the Year of the Dragon draws to a close we summarise in this e-bulletin some key cases and developments which are likely to be of interest to clients. …