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ADR Practical Guide launched on the use of Mediation with Arbitration
Our London ADR team has launched the sixth guide in their series of ADR Practical Guides, designed to provide clients with essential practical …
Abolition of civil appeals 'as of right' to the Hong Kong Court of Final Appeal
The Administration of Justice (Miscellaneous Provisions) Ordinance 2014 came into effect on 24 December 2014. It amended various Ordinances with a view …
Privy Council deals with Jurisdictional Clauses in Trusts
Crociani & O'rs v Crociani & O'rs & Camilla de Bourbon des deux Siciles [2014] UKPC 40 Background The case arose from proceedings commenced …
New EU jurisdiction rules apply from 10 January: what does it mean for non-EU domiciled parties?
New EU rules on jurisdiction and the enforcement of judgments will apply to proceedings commenced from 10 January 2015, in the form of the recast …
Cross Border Insolvencies: Hong Kong Court further clarifies the legal principles in respect of winding up an unregistered overseas company
The exercise of the court's discretionary jurisdiction to wind up an unregistered overseas company has again come under judicial spotlight in the recent …
Contract may be made in more than one country for purposes of establishing jurisdiction
The English High Court has held that a claimant had a good arguable case that a contract was made in both England and Texas and that this was sufficient …
Astro v Lippo: the next chapter – Singapore Court of Appeal rejects enforcement of awards against non-signatories to the arbitration agreement
The long-running dispute between Astro, a Malaysian media giant, and Lippo, an Indonesian conglomerate, has reached the end of the latest heavily …
Hong Kong Court upholds exclusive jurisdiction clause in favour of PRC Court
The choice of exclusive jurisdiction in favour of either Hong Kong or the PRC courts in a contract may enable litigants to take benefit from the …
Investment treaties as a form of protection for Chinese outbound investors
Chinese outbound direct investment ("ODI") reached new heights in 2013, and the upward trend looks to continue as Chinese investors inject capital into …
Herbert Smith Freehills publishes ninth edition of popular dispute resolution guide for the Asian-Pacific region
Today we have launched the ninth edition of our dispute resolution guide for the Asian-Pacific region. The Guide aims to provide a concise and …
The English courts give guidance on the enforceability of conciliation clauses
Dispute resolution clauses in commercial agreements often contain a requirement to negotiate in good faith or to enter into a form of alternative dispute …
Unilateral jurisdiction clauses may not always be effective
Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance agreements. …
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