Asia Disputes Notes

Hong Kong Companies Court clarifies the applicability of Re Guy Kwok Hung Lam to cases involving an arbitration clause

In Simplicity & Vogue Retailing (HK) Co., Limited [2023] HKCFI 1443, the Hong Kong Companies Court (the "Court") made a winding up order against the …

ENGLISH HIGH COURT BLOCKS DERIVATIVE ACTION AGAINST SHELL'S DIRECTORS FROM CLIMATE-CHANGE ACTIVIST SHAREHOLDER

Recently, we see a significant uptick in ESG litigations in different parts of the world. Together with this trend came activists' attempts to make use …

HONG KONG COURT OF APPEAL PROVIDES CERTAINTY ON BAR AGAINST REFLECTIVE LOSS

On 21 April 2023, the Hong Kong Court of Appeal (CA) released its judgment Power Securities Co Ltd v Sin Kwok Lam [2023] HKCA 594, which provided …

Clearing up the cloud? Perhaps partly, as the Court of Final Appeal affirms the approach to dismissing bankruptcy proceedings in favour of the parties' agreed forum

If a debt arises from a contract that contains an exclusive jurisdiction clause (EJC) in favour of a foreign court, how will the Hong Kong court deal …

Business as Usual: Hong Kong Court of Appeal endorses the use of letters of no consent

MALAYSIAN HIGH COURT IMPLIES ADDITIONAL DUTIES FOR EXPERTS

For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court.  It is well-established that …

HONG KONG COURT OF FINAL APPEAL CLARIFIES A BANK'S LIABILITY FOR TRANSFERRING CUSTOMER FUNDS IN BREACH OF ITS QUINCECARE DUTY OF CARE BEFORE UNAUTHORISED CLOSURE OF THE ACCOUNT

In PT Asuransi Tugu Pratama Indonesia TBK (formerly known as PT Tugu Pratama Indonesia) v Citibank N.A. [2023] HKCFA 3, the Hong Kong Court of Final …

BEYOND STATUTORY ENFORCEMENT: MALAYSIA'S APEX COURT DISMISSES A COMMON LAW ACTION FOR ENFORCEMENT OF FOREIGN JUDGMENT DUE TO FAILURE TO ADDUCE THE FOREIGN JUDGMENT

There is a simple, but fundamental, difference between a statutory enforcement under Reciprocal Enforcement of Judgments Act 1958 (“REJA”) and a common …

HERBERT SMITH FREEHILLS PARTNER MIKE MCCLURE APPOINTED KING’S COUNSEL

We are very proud to announce that Seoul-based partner Mike McClure has been appointed King’s Counsel (KC) in England and Wales. Mike will be the fourth …

Asia Employment, Pensions and Incentives Update: December 2022

Hong Kong: Court of Appeal confirms that standby days are not days off

Hong Kong arbitration success fee regime fully in force