Asia Disputes Notes

COVID-19 Governance: New legislation provides temporary relief from performance for selected Singapore-related contracts (Singapore)

On 7 April 2020, the Singapore Parliament passed the COVID-19 (Temporary Measures) Bill (the COVID Act), which, amongst others, offers temporary reprieve …

The role of insurance in managing the economic effects of COVID-19

COVID-19 has been affecting life and businesses around the globe. The developments over the last few days have been moving fast: the World Health …

Thailand: Is your contract affected by the COVID-19 outbreak?

Since the COVID-19 outbreak began in January 2020, precautions have been implemented in many countries to combat the spread of the virus. These include, …

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 …

When will the courts find it necessary to imply terms into agreements?

The English High Court in Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) found it necessary …

Test for rectifying terms of written contract for common mistake: England and Wales considers subjective while Hong Kong remains objective

In an important recent decision (FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd [2019] EWCA Civ 1361), the English Court of Appeal …

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 …

Supreme Court decision clarifies basis for the award of Wrotham Park damages

We discussed aspects of "Wrotham Park damages" (also called "license fee damages" or "negotiating damages") in Herbert Smith Freehills Hong Kong office's …

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 …

Herbert Smith Freehills sponsors and contributes chapters to the recently published First Edition of Getting the Deal Through – Financial Services Litigation 2016

In the light of the global growth of litigation in the financial sector following the financial crisis, Herbert Smith Freehills has sponsored 'Getting …