Hong Kong Court of Appeal confirms principle of indemnity costs in...
The Hong Kong Court of Appeal has awarded costs on an indemnity basis against a party that made an unsuccessful application to set aside an arbitral award. This decision demonstrates, yet again, the...
View ArticleEnforcement of orders made in foreign insolvency proceedings – the UK Supreme...
In Rubin v Eurofinance SA and New Cap Reinsurance Corporation (in liquidation) and another v AE Grant and others [2012] UKSC 46, the UK Supreme Court held that: there is no special rule for...
View ArticleSingapore High Court examines its approach towards interim orders in arbitral...
The Singapore High Court (the “Court”) has refused to set aside an interim anti-suit injunction ordered by an arbitral tribunal (the “Tribunal”) in the case of PT Pukuafu Indah and others v Newmont...
View ArticleSingapore Court refuses to entertain a jurisdictional objection to the...
The recent case of Astro Nusantara International BV and others v PT Aunda Prima Mitra and others [2012] SGHC 212 is a further decision of the Singapore courts showing active support for arbitration...
View ArticleHong Kong Court of Appeal refuses leave to appeal in the Grand Pacific v....
The Court of Final Appeal (“CFA”) in Hong Kong has refused to interfere with the leading judgment on the setting aside of arbitral Awards in Hong Kong. Please click here to read our post on our...
View ArticleTwo new arbitration updates: CIETAC split and New York Convention comes into...
We have recently posted two Asia-related arbitration updates on our arbitration blog relating to The CIETAC split and the Chinese courts’ approach to enforcing awards rendered by SCIA and SHIAC Since...
View ArticleTwo important recent arbitration decisions from the UK and India in support...
There have been two recent judgments, one from the Supreme Court in India (Shri Lal Mahal Ltd v Progetto Grano Spa) and one from the English Commercial Court (Gujarat NRE Coke Limited and Shri Arun...
View ArticleSingapore: Recent developments in the enforcement of Dispute Board decisions
Dispute Boards are a form of Alternative Dispute Resolution (ADR) which are becoming increasingly common on large and complex projects across the Asia Pacific region. A Dispute Board usually comprises...
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Singapore signs the Hague Convention on Choice of Court Agreements: a step in...
In our previous article The New Frontier, we discussed the launch of the Singapore International Commercial Court (“SICC“) and in particular we questioned whether issues of cross border enforceability...
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New guide to anti-corruption regulation in Asia Pacific launched
Over the past two years we have witnessed an exponential increase in global efforts to combat corruption. Nowhere is this more visible than Asia, where a number of countries have recently passed new...
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Herbert Smith Freehills’ new global report reviews corruption trends and...
Please click here to preview this publication. We have launched the first global edition of our Anti-corruption Report, reviewing a year in which corruption investigations have never been far from the...
View ArticleSFC new power to provide overseas regulators with supervisory assistance – a...
With effect from 13 November 2015, the Securities and Futures Ordinance was amended to give new powers to the Securities and Futures Commission (SFC) to provide supervisory assistance to overseas...
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Hong Kong constitutionality challenge – leave to appeal denied
The Hong Kong Court of Appeal (CA) has rejected an application for leave to appeal to the Hong Kong Court of Final Appeal from its previous judgment that upholds the constitutionality of s.81(4) of...
View ArticleSingapore takes steps toward ratifying Hague Convention on Choice of Court...
In our previous article, we discussed Singapore's signing of the Hague Convention on Choice of Court Agreements (the Convention) on 25 March 2015 and the likely effect this would have on the Singapore...
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Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia...
Please click here to preview this publication. As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment...
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Failure to comply with freezing orders leads to prison
In JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev, [2016] EWHC 248 & 258 Ch (sentence) and [2016] EWHC 192 (Ch) (liability), the English High Court sentenced Russian businessman...
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Hong Kong Court of Appeal confirms high threshold to establish that breach of...
In Tiong King Sing v Sam Boon Peng Yee (CACV 268/2015), the Court of Appeal ("CoA") overturned a decision of the Court of First Instance ("CFI") that had found the Defendant to be in contempt of Court...
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Singapore and United States affirm efforts to strengthen sharing of tax...
A joint statement issued by the United States and Singapore suggests that US authorities are seeking to accelerate off-shore tax enforcement aimed at US accountholders and financial institutions in...
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Hague Convention on Choice of Courts comes into operation in Singapore
The Hague Convention on Choice of Court Agreements (Hague Convention) officially came into force on 1 October 2015 and there are currently 30 signatory states, including all members of the European...
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Hong Kong Government announces consultation on Hague Convention of the...
The Department of Justice in Hong Kong has this week released a Consultation Paper on the 2016 Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments (the "Draft...
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