Asia Disputes Notes

BEIJING COURT REJECTS APPLICATION TO SET ASIDE TRIBUNAL’S INSTRUMENT RECORDING MEDIATED SETTLEMENT TERMS, CITING LACK OF LEGAL BASIS

In Li Lian Dong and Others v Shen Yi (2018) Jing 04 Min Te 541, a first instance decision made earlier this year, the Beijing 4th Intermediate People’s …

Let's be civil: Hong Kong court recognises non-common law Japanese insolvency proceeding

In Re Kaoru Takamatsu [2019] HKCFI 802, [2019] HKEC 906, the Hong Kong Court of First Instance has recognised Japanese insolvency proceedings and granted …

IS MIXED-MODE DISPUTE RESOLUTION THE ANSWER TO BELT AND ROAD DISPUTES?

A trend to combine dispute resolution processes, typically mediation and arbitration, is gaining traction internationally. In Asia, the Belt and Road …

HONG KONG COURT INTERPRETS PRC-LAW GOVERNED JURISDICTION CLAUSES

In天津市裕豐隆資產管理有限公司 v Ho Kin Wa and Another, HCA 2405/2014 (unrep., 8 March 2019), the Hong Kong Court of First Instance exercised its discretion to stay …

HKMA turns up the heat and announces consultation on IBOR transition

No use lashing out over unpaid debts – cosmetics distribution company avoids winding up order despite failing to establish bona fide defence

In Swiss Cosmeceutics (Asia) Ltd [2019] HKCFI 336, Mr Justice Harris of the Hong Kong Court of First Instance declined to wind up a company despite it …

The Hong Kong Court of Appeal considers constitutionality of the requirement to disclose suspicious transactions

In Interush Limited & Anor v The Commissioner of Police, the Commission of Custom & Excise and Mak Wing Yip Cyril, Superintendent of Police …

Employees & privilege: dominant purpose, waiver and iniquity

Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues. …

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No U-Turns Ahead: Singapore Court of Appeal holds that commencement of court proceedings may lose you the right to later rely on arbitration agreements

In the recent landmark decision of Marty Ltd v Hualon Corp (Malaysia) Sdn Bhd [2018] SGCA 63, the Singapore Court of Appeal held that the commencement of …

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 …

Singapore: Herbert Smith Freehills advises on third-party funded arbitrations and contributes to leading publication on litigation funding

Singapore introduced legislation in 2017 to allow third-party funding in international arbitration and associated proceedings including enforcement and …