Tag: dispute resolution clauses
Showing 12 out of 16 results
Hong Kong Court of Appeal rules on landmark case regarding escalation clauses
HONG KONG COURT INTERPRETS PRC-LAW GOVERNED JURISDICTION CLAUSES
In天津市裕豐隆資產管理有限公司 v Ho Kin Wa and Another, HCA 2405/2014 (unrep., 8 March 2019), the Hong Kong Court of First Instance exercised its discretion to stay …
HONG KONG: UNLAWFUL DISMISSAL REINSTATEMENT RIGHTS FROM OCTOBER
Amendments to the Employment Ordinance ("EO") which strengthen the Labour Tribunal's ("LT") powers to make an order for reinstatement or re-engagement …
HONG KONG COURT GRANTS ANTI-SUIT INJUNCTION TO RESTRAIN CONTINUATION OF PRC PROCEEDINGS
In Chen Hongqing v Persons whose names are set out in the second column of the Schedule Hereto, HCA 2648/2017 (unrep., 29 May 2018), the Hong Kong Court …
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 …
Podcast: How Arbitration and ADR can be used together
In this short podcast Professional Support Consultants Hannah Ambrose and Vanessa Naish look at how Arbitration and Alternative Dispute Resolution (or …
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 addresses the enforceability of English anti-suit injunction
In the recent case of Compania Sud Americana de Vapores S.A. v Hin-Pro International Logistics Limited (CACV 243/2014), the Court of Appeal (CA) held …
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 …
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 …
Singapore International Mediation Centre is launched, offering parties an “Arb-Med-Arb” process in partnership with SIAC
The Singapore International Mediation Centre (SIMC) was officially launched on 5 November 2014. Set up following the recommendations of a Working Group …
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 …
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