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Hong Kong Court grants order for payment into court amidst risk of secondary sanctions
In Bright Shipping Limited v Changhong Group (HK) Limited [2024] HKCFI 821, the Hong Kong Court ordered a defendant who had failed to satisfy a number of …
Hong Kong Court finds exhibiting documents referring to without prejudice correspondence may amount to waiver
Without prejudice ("WP”) privilege protects a party's genuine attempt to settle a dispute by preventing communications made in that connection from being …
Singapore Court recognises Indonesian PKPU proceedings for the first time
In a move that facilitates the seamless integration of cross-border insolvency proceedings between Singapore and Indonesia, Singapore's International …
Who has the burden of proving / disproving remoteness in negligence cases?
In the recent decision of Armstead v Royal & Sun Alliance Insurance Company Ltd [2024] UKSC 6, the UK Supreme Court examined where the burden of …
New Mainland-Hong Kong arrangement for reciprocal enforcement of civil and commercial judgments comes into effect today
With the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and HKSAR (the …
A new chapter of mutual recognition and enforcement of judgments between Mainland and Hong Kong: Hong Kong sets a date to implement the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (Cap. 645)
Introduction and legislative history Recently, on 10 November 2023, the Hong Kong Government announced that the Mainland Judgments in Civil and …
Singapore Court of Appeal decision highlights the importance of accurate internal sanctions assessments in contractual risk management
If an internally maintained sanctions list returns red flags, but the entity is not on an official sanctions list, is that sufficient to justify …
The Hong Kong Court of Appeal to clarify application of Guy Lam in arbitration in upcoming appeals
By way of an update to the series of recent Court of First Instance decisions on whether a winding up petition ought to be stayed where the underlying …
What is the effect of Guy Lam on winding up petitions involving an arbitration clause? A third voice
Where a winding up petition is based on a debt arising from a contract with a non-Hong Kong exclusive jurisdiction clause, the court will tend to dismiss …
When informal workouts don't work out: English High Court rules bank that lent support to restructuring did not dishonestly assist in putting assets beyond creditors' reach
In the current economic climate, more and more companies are getting into financial difficulties, informal workouts by debtor companies, with support …
PRC adopts commercial exception to state immunity
The PRC has passed a new law which will apply the "restrictive" approach to foreign state immunity with effect from 1 January 2024. As a result, …
Litigation and Arbitration Funding in Hong Kong: Will the UK Supreme Court decision in PACCAR Affect Hong Kong Litigation Funding?
In R. (on the Application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28 (judgment handed down on 26 July 2023), the UK Supreme Court …
Showing 24 out of 774 results
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Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
