Asia Disputes Notes

Nail in the coffin for truant foreign debtors with Hong Kong link – highest court's pragmatic approach welcome

Hong Kong Court of Appeal rules on landmark case regarding escalation clauses

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

KEY JUDGMENT ON ARBITRATION CLAUSES AFFECTING THOUSANDS OF COMMERCIAL CONTRACTS

Banks may rest assured as Hong Kong Court refuses to expand scope of Quincecare duty

LATEST EDITION OF ASIA PACIFIC DISPUTE RESOLUTION GUIDE NOW AVAILABLE

COVID-19 Governance: Signing documents using electronic signatures (Hong Kong)

Given the current restrictions on social interaction put in place to combat the spread of COVID-19, working from home is becoming the new normal. As a …

HONG KONG COURT CLARIFIES JURISDICTION TEST FOR CONTRACTS WITHOUT EXPRESS JURISDICTION AND DISPUTE RESOLUTION CLAUSES

In Hong Ziyun v Chan Kwan Ming [2019] HKCFI 2125, the Court of First Instance considered the relevant jurisdiction applicable to a host of related loan …

Herbert Smith Freehills is excited to announce the launch of its new publication - Contract Disputes in Hong Kong: A Practical Guide 2019

Latest bank victory – Hong Kong High Court dismisses mis-selling claim

The Hong Kong Court of First Instance has recently handed down its judgment in Shine Grace Investment Ltd v. Citibank, N.A. and Another (HCCL 28/2008), a …

UK SUPREME COURT CLARIFIES LEGAL POSITION ON "NO ORAL MODIFICATION" CONTRACTUAL CLAUSES

Parties to commercial contracts often insert a "no oral modification" (or NOM) clause to prevent attempts to undermine written agreements by informal …

Hong Kong Court of Appeal finds against bank on the basis that the bank's exclusion of liability clauses were unconscionable and unreasonable

The Hong Kong Court of Appeal (CA) has recently affirmed a decision of the Court of First Instance (CFI), in which a ruling was made in favour of the …