Asia Disputes Notes

Unravelling the cryptic - Hong Kong Court helps victim recover crypto-assets against pilfering agent

Hong Kong Court of Appeal embraces modern test for penalty clauses following UK Supreme Court in Cavendish when considering employer's right to enforce termination notice provision

HONG KONG: COURT OF FINAL APPEAL REJECTS POLICY ON DEPENDANT SPOUSAL VISAS FOR SAME-SEX COUPLES

A landmark decision of the Hong Kong Court of Final Appeal (CFA) has upheld the decision of the Court of Appeal (discussed here) that the Hong Kong …

HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER

Amendments to the Employment Ordinance ("EO") which strengthen the Labour Tribunal's ("LT") powers to make an order for reinstatement or re-engagement …

Supreme Court decision clarifies basis for the award of Wrotham Park damages

We discussed aspects of "Wrotham Park damages" (also called "license fee damages" or "negotiating damages") in Herbert Smith Freehills Hong Kong office's …

A jurisdiction clause in favour of a foreign court cannot operate to stay an unfair prejudice petition in a Hong Kong court

In the recent case of Joseph Ghossoub v Team Y&R Holdings Hong Kong Ltd and others, the Hong Kong High Court considered issues of third party rights, …